South Dakota Municipalities - Sept. 2022

South Dakota

MUNICIPALITIES The Magazine of the South Dakota Municipal League

September 2022 | Volume 89 | Number 3

OCT 4-7, 2022

Municipal League Conference Sets Sail for Watertown ►p. 25 SDML Proposed Statement of Policy Supreme Court Preview ►p. 34

►p. 8

SDML Backs Medicaid Expansion

Amendment D boasts broad support from individuals and organizations across the state

►p. 7

Build Upon a Strong Foundation South Dakota’s leading public financier.

Colliers Securities offers a robust foundation in serving the needs of non-profits, units of state and local government and other tax-exempt entities.

For over 40 years we have served South Dakota’s local and state governments, school districts, counties and cities, underwriting over $6 billion in bonds for South Dakota public entities since 1990.

We look forward to serving your public finance needs!

Tom Grimmond Sioux Falls, South Dakota Phone 605.339.9800 | 800.339.1111 tom.grimmond@colliers.com

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

colliers.com find us under services

Colliers Securities LLC is a Member SIPC/FINRA

SOUTH DAKOTA MUNICIPALITIES

September 2022

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

Features BOARD OF DIRECTORS PRESIDENT Steve Allender Mayor, Rapid City

DISTRICT CHAIRS Dist. 1 | Mike Grosek Mayor, Webster

1st VICE PRESIDENT Amy Leon City Manager, Yankton

Dist. 2 | Paullyn Carey Finance Director, Huron Dist. 3 | Dawn Murphy Finance Officer, Tea

2nd VICE PRESIDENT Harry Weller Mayor, Kadoka

Dist. 4 | Chandra Phillips Finance Officer, Winner

TRUSTEES Carolynn Anderson Finance Officer, Wall

Dist. 5 | Renae Phinney Board President, Ree Heights

Fay Bueno Finance Officer, Sturgis

Dist. 6 | Rick Boschee Mayor, Bowdle

Leland Treichel Mayor, Roscoe Alex Jensen Councilmember, Sioux Falls Vacant Trustee Position PAST PRESIDENT Debbra Houseman Finance Officer, Lake Andes

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

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

Fall Deadwood Fund Grants Available ................6 Municipal League Backs Amendment D..............7 Proposed Statement of Policy .............................8 Grants Open for Grade Crossing Elimination ....31 Emerald Ash Borer Confirmed in Brandon ........33 Supreme Court Preview .....................................34

Columns Director’s Notes .................................................4 President’s Report .............................................5 SDPAA News ...................................................36 Risk-Sharing News .......................................... 40 SDMEA Hometown Power............................... 44 Washington Report | Rep. Johnson ................. 46

Professional Development SDML Annual Conference ............................... 25 SDML Hall of Fame - Deadline Sept. 15 ......... 33

In every issue SDML Events Calendar .................................. 24 City Highlight | Platte ...................................... 32 Hometown Happenings ................................... 38 Directory Updates ............................................39 Classifieds .......................................................47 Municipal Calendar .......................................... 53 Cover: A sailboat heads into the sunset on Watertown's beautiful Lake Kampeska. Photo by Visit Watertown.

SOUTH DAKOTA MUNICIPALITIES (ISSN 03006182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota, and additional mailing offices.

Non-member subscriptions are available for $30 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.

sdmunicipalleague.org | 1.800.658.3633

3

COLUMN

DIRECTOR’S NOTES

YVONNE TAYLOR | SDML EXECUTIVE DIRECTOR

We hope you are all preparing to come to Watertown for the Annual Conference, October 4-7! I have long said that our conference is like a big family reunion – if you really like your family!

The City of Watertown has worked hard and enthusiastically welcomes this conference, and we are very pleased to join them in offering a packed agenda of information, great speakers, and relevant topics this year.

be discussing his time as an Agent Under Fire while he worked as a special agent for Immigration and Customs Enforcement/ Homeland Security. Prepare to be on the edge of your seat for this powerful presentation.

It seems early to be gearing up for the legislative session, but to us, a big part of the Annual Conference is hearing from you on the Policy Committees’ work on the annual Statement of Policy. See the proposed policy starting on page 8.

We also have a presentation for you on Cyber Security by Dakota State University’s Ashley Podhradsky DSc, Vice President of Research and Economic Development. Talk about a session that can save you money in the long run!

And in case you think these policies don’t matter, just today a legislator came up to me with an idea for a bill. “And you know where I got the idea, don’t you?” he asked. “From your publication!” He’d been reading last month’s magazine, with the entire policy statement included. The policy committees meet on Wednesday during the annual conference, and you will all have a chance to discuss and vote on the policy statement at the Friday business meeting.

The agenda for conference (page 25) is full of information on so many topics, including a major presentation by Victor Avila, who will

2022 SDML Conference

4

We will also hear about the housing programs offered through the SD Housing Development Authority, and are pleased to have their Executive Director, Lorraine Polak, attending.

On Friday, we’ll get to hear from Gubernatorial Candidate Jamie Smith, and hope to hear from Governor Noem (invited).

It isn’t all work, either – those who can come early can participate in the Tuesday afternoon golf tournament, and we have great entertainment lined up for both Wednesday and Thursday evenings. A good time will be had by all!

In short, we think you will learn a tremendous amount, get to meet and greet old and new friends, and have a great time at this year’s conference. We can’t wait to see you all there!

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

►p. 25 | sdmunicipalleague.org

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

COLUMN

PRESIDENT’S REPORT STEVE ALLENDER | SDML PRESIDENT

In the last month or two, most of us have been working on our city budgets. This is one of the best and worst tasks on my to-do list.

Creating a budget using other people’s money is an important function of city administration and one that sometimes holds a great deal of risk. Sometime in the mid-year, revenue and expense projections for the upcoming year must be made. This is nothing more or less than a futuristic estimation of what will occur in the coming 6-18 months. One must be an expert in future energy costs, availability of supplies and equipment, labor, and everything else under the sun. This can be nerve-racking due to the variety of political environments we are regularly exposed to.

World and state politics – especially after they have been properly prepped by competitive news markets, can be cause for worry. Local politics seems to be the political potpourri – from potholes, drainage issues, permitting processes, to high property taxes and so on.

Nothing of interest for CNN or Fox. And the coffee shop caucus is a group to be reckoned with. These groups of mostly… “mature” men have all the answers, just ask them.

What is a city administration to do given all the complaints, philosophies, and conspiracies we come into contact with throughout the year? The answer is, and will always be, to do the right thing. Of course, the “right thing” is subjective and not everyone will agree. Nor should we expect them to. The best way to upset everyone, is to try and please everyone.

The right thing is still a cornerstone of integrity and should be pursued at all costs.

Budgeting can be difficult for cities. Sales tax is the most volatile of city revenue streams.

Property tax is perhaps the most controversial. Fees for services can be complicated as well because many times constituents feel “that’s why I pay taxes” and that everything else should be free.

Even though there can be frustrations with the budgeting process, it should still be seen as an honor and privilege for city officials. It’s a high level of trust your fellow community members have for you. They have all had the opportunity to put their name on a ballot, or fill out a job description to be part of the process, but instead they have left that up to you. It’s your job to do your best, and not let them down.

And where would we be without finance officers? These individuals are the reason budgeting is possible. Their expertise, ability to work the spreadsheets, give advice and direction, and somehow not murder the mayor is to be commended. Every year my appreciation for finance employees and directors multiplies.

I hope you enjoy your last month or so of summer. ■

Follow us on social media! /sdmunileague sdmunicipalleague.org | 1.800.658.3633

5

Fall Deadwood Fund Grant Applications Available PIERRE, SD - Applications for the next round of the Deadwood Fund grant program through the South Dakota State Historical Society are now available.

Applications should be postmarked no later than Oct. 1 for work beginning no sooner than Jan. 1.

South Dakota Historic Preservation Director Ted Spencer says the grant program is designed to encourage largescale restoration or rehabilitation of historic properties by individuals, organizations, or public agencies.

Grants will be awarded in amounts ranging from $1,000 to $25,000. The grant amount must be matched on a dollar-for-dollar basis from nonfederal and non-state sources. Nonprofit organizations will be allowed to use in-kind services for one-half of their match.

Last year, the program awarded a total of $151,050 among 11 projects which had matching funds of $434,547.91. The resulting total public-private investment was $585,597.91.

Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state and distributed by the State Historical Society.

Grant forms are available online at https://history.sd.gov/ preservation/fundingopportunities.aspx.

The next round of applications will be due Feb. 1, 2023.

For more information on the South Dakota State Historical Society’s Deadwood Fund grant program, contact the State Historic Preservation Office at 605773-3458 or by e-mailing shpo@state.sd.us. ■

STATE SURPLUS

Live On-Site Public Auctions Aberdeen | Sept. 12 Mitchell | Sept. 13

Fort Pierre | Sept. 14 Sturgis | Sept. 16

Registered city, county, township, and tribal governments get first opportunity to purchase heavy equipment before offering to the public. Visit sdsurplusproperty.com for sale bills, and photos.

Municipal League backs Amendment D

Medicaid expansion has broad support from individuals and organizations across the state FORT PIERRE, SD - As the Nov. 8 election nears, the South Dakota Municipal League has re-affirmed its support of Amendment D, the Medicaid expansion initiative, which is poised to help thousands of individual residents, as well as rural communities and small businesses.

“The South Dakota Municipal League is proud to endorse Medicaid expansion,” said Steve Allender, Mayor of Rapid City and President of the SD Municipal League.

“Amendment D would return hundreds of millions of our tax dollars to our state, keep rural hospitals open, and provide affordable care to hard-working South Dakotans all over the state. This will help our local communities thrive and contribute to an improved quality of life for all of us.”

WANT AFFORDABLE HOUSING FOR YOUR COMMUNITY? START THE DISCUSSION WITH SDHDA AND TAKE THE NEXT STEP • Housing Needs Studies • Multifamily Housing Units • Single Family Homes • Home Rehabilitation

S O U T H

D A K O T A

D E V E L O P M E N T

A U T H O R I T Y

sdhda.org

The South Dakota Municipal League has endorsed South Dakotans Decide Healthcare, a broad coalition for the expansion of Medicaid in South Dakota.

The League announced earlier this year that the organization was endorsing South Dakotans Decide Healthcare, a broad coalition of patient advocates, nurses, healthcare providers, farmers, faith leaders, educators, and more who support Medicaid expansion in the state.

“We are grateful for the support of the South Dakota Municipal League,” said Zach Marcus, Campaign Manager for South Dakotans Decide Healthcare. “We look forward to working with them and their members to show how individual South Dakotans, municipalities, and the state will benefit from Medicaid Expansion.”

South Dakotans Decide Healthcare is one of the broadest coalitions to ever launch a ballot measure campaign in the state’s history. It has been endorsed by the American Cancer Society Cancer Action Network, AARP South Dakota, South Dakota State Medical Association, South Dakota Nurses Association, South Dakota Association of Healthcare Organizations, South Dakota Education Association, South Dakota Farmers Union, Community HealthCare Association of the Dakotas, Great Plains Tribal Leader’s Health Board, Avera Health, Monument Health, Sanford Health, American Heart Association, American Lung Association, South Dakota Faith in Public Life, and more.

South Dakota Constitutional Amendment D, the Medicaid expansion initiative, is on the ballot in South Dakota as an initiated constitutional amendment on Nov. 8, 2022. ■

sdmunicipalleague.org | 1.800.658.3633

7

PROPOSED STATEMENT OF POLICY SOUTH DAKOTA MUNICIPAL LEAGUE The Statement of Policy guides the League staff and lobbyists during the legislative session and functions as a reference for the League’s position on various issues affecting local government.

The Statement of Policy undergoes a review each year.

The following are the policies as suggested by the four policy committees, which met Aug. 17 and 18 in Fort Pierre. Suggested additions are underlined. Suggested removals are struck-through.

9.

The SDML supports amending state law to clarify residence requirements for municipal elected officials.

(GG – 2014)

10.

The SDML supports efforts by the Secretary of State to provide consistency in election statutes. (GG – 2017)

A.

The SDML would support combined municipal and school elections with the option of either an April or a June election date. (GG – 2022)

11.

The SDML supports legislation authorizing municipal access to federal background checks for licensees. (GG – 2008; 2009)

The SDML supports working cooperatively with other state entities to clarify residence for voter registration.

(GG – 2015)

12.

The SDML supports legislation to make municipal laws consistent as to the use of the term “finance officer” rather than “clerk/treasurer.” (GG – 2010)

The SDML supports legislation limiting the time to circulate a petition to change the form of government to six months. (GG – 2021)

13.

The SDML supports making provisions for supplementing municipal budgets consistent with provisions found in county law. (GG – 2015)

14.

The SDML supports clarifying the procurement law exemption to include IT and technology consulting services.

15.

The SDML supports increasing the bid limit for materials and supplies to match the $50,000 bid limit for equipment. (GG – 2020)

16.

The SDML supports updating the surplus property laws. (GG – 2019)

17.

The SDML supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. (added by SDML Board of Directors, Dec. 9, 2015) (GG – 2016)

18.

The SDML supports increasing the audit “trigger” to $750,000. (GG – 2014)

General Government Committee POLICIES

MUNICIPAL EMPLOYEES 1.

The SDML supports an amendment to restrict or repeal the presumptions included in SDCL 9-16-45 pertaining to circulatory or respiratory disease as “occupational” in fire fighters and opposes any amendment to expand the disease presumption regarding occupational diseases affecting volunteer and active paid firefighters.

(GG – 2000; CB7) 2.

3.

GOVERNMENT ETHICS AND OPERATIONS 4.

The SDML supports legislation that would exempt municipalities from the regulations of the unclaimed property laws. (GG – 2000; 12) 5.

6.

7.

8.

8

The SDML supports amending SDCL 12-1-5 to include municipal election officials on the State Board of Elections. (GG – 2000; 13) The SDML supports clarifying signature requirements on all municipal election petitions. (GG – 2016) The SDML supports clarifying the initial election of officers in a newly incorporated municipality. (GG – 2016) The SDML supports amending SDCL 9-19-13 to provide that all administrative resolutions would be effective upon passage and publication. (T&R – 2004) (Referred from T&R 2018)

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

newspaper submit the circulation density by local government jurisdiction. (GG – 2011; 2013)

Next Steps

Before any of these suggested policies become the official Statement of Policy of the SD Municipal League, the following steps will take place during the annual conference Oct. 4-7 in Watertown.

• Suggestions will continue to be taken at www. sdmunicipalleague.org/statementofpolicy.

• The Policy Committees will meet again on Oct. 5 to review these changes, and to consider any additional information or suggestions submitted by members since the policy committee meetings.

• The policies will be submitted to the Resolutions Committee (page 23), which will meet Oct. 6, and will recommend the final set of policies for a vote.

• The membership will vote at the Annual Business Meeting on Oct. 7.

26.

The SDML supports legislation to allow a local option for resolutions to be published by title and abbreviated explanation only, with a reference to where the full text can be found. (GG – 2006)

27.

The SDML supports legislation to allow publication of bond resolutions, bond ordinances, and franchise ordinances by reference. (GG – 2003)

28.

The SDML supports clarifying state law to allow municipalities to purchase brokered and negotiated CDs that meet FDIC requirements. (Resolutions Committee 2018)

29.

The SDML supports reviewing open meeting laws in conjunction with any Open Government Task Force so long as the SDML is adequately represented. (GG – 2009; 2012)

30.

The SDML would support legislation which prohibits punitive damages from being assessed against an entity that implements reasonable cybersecurity controls.

(GG – 2021)

31.

The SDML opposes state regulation of the Health Pool of South Dakota, the South Dakota Public Assurance Alliance, or the SDML Workers’ Compensation Fund.

(GG – 2003)

19.

The SDML supports increasing the Internal Control Review range to between $100,000 and $750,000.

(GG – 2014)

20.

The SDML supports changing the makeup of the local board of equalization to more appropriately reflect the distribution of property tax revenues. (GG – 2008)

32.

B.

The SDML supports amending SDCL 10-11-13 to state that the local board of equalization must meeting with the week of the third Monday of March and be completed by the Friday of that same week. (GG – 2022)

The SDML supports legislation amending SDCL 34A6-29 to make the collection of delinquent garbage collection fees consistent with the collection of other delinquent municipal utility fees. (GG – 2006)

33.

The SDML supports allowing counties to add a processing fee of up to 5%, or a minimum of $15.00, for the collection of delinquent municipal utility and other service fees and charges and for nuisance actions.

(GG – 2016)

34.

The SDML supports allowing citizens to vote on their preferred method of receiving public notices. (GG – 2017)

The SDML supports legislation to allow funds to be deposited directly to municipalities from the state, rather than going first through the counties. (GG – 2006)

35.

23.

The SDML supports allowing alternative publication options for local governments. (GG – 2003; 2018)

The SDML supports changing the vote to create a hospital district to a simple majority. (GG – 2007)

36.

24.

The SDML supports a safe harbor provision for publication errors made by newspapers when legible, timely information has been submitted by the local government for elections. (GG – 2018)

The SDML supports equal treatment of all government facilities which serve as the official office of elected officials or any buildings where governing bodies officially meet on a regular basis. (GG – 2012)

21.

22.

25.

The SDML would support county efforts to impose a penalty of up to $250 for failure to appear at a requested property tax assessment appeal to the Office of Hearing Examiners. (GG – 2017)

The SDML supports amending statutes regarding designation of official newspapers to require the

COMMUNITY AND ECONOMIC DEVELOPMENT 37.

The SDML supports allowing a separate and additional class of on-sale liquor licenses for golf courses. (GG – 2003; 2007; 2008)

sdmunicipalleague.org | 1.800.658.3633

9

PROPOSED STATEMENT OF POLICY (CONT) 38.

The SDML opposes any change to the requirement that alcoholic beverage licenses be given only to a single legal description. (GG – 2000; 21)

39.

The SDML supports the valuation of platted land based on use, rather than zoning designation, and urges cities and counties to work cooperatively to develop legislation. (GG – 2014)

40.

The SDML supports the public financing toolbox for local governments. (GG – 2014)

41.

The SDML supports amendments to the Housing Opportunity Fund that promote additional workforce housing and strongly supports keeping funding for housing development within the Housing Development Authority. (GG 2021)

42.

The SDML supports legislation to limit increases in affordable housing rental rates. (GG 2021)

43.

The SDML supports a reduced rate for ballot publications. (GG – 2009)

44.

The SDML opposes measures on social policy that have a detrimental effect on quality-of-life infrastructure investments and the visitor industry. (SDML Board Adopted 2019)

LOCAL CONTROL AND HOME RULE 45.

The SDML supports the option of municipal ownership of any legalized cannabis licenses.(GG 2021) 46.

C.

The SDML supports permissive legislation granting municipalities the power to control the number and the fees for on-sale and off-sale liquor licenses to be granted within the municipality. (GG – 2000; 24) The SDML would support allowing the fee for an on-sale liquor license to be paid over a period of five years, with up to 100% of the fee refundable upon dissolution of the business and return of the license to the municipality. (GG – 2022)

47.

The SDML supports local control of the sale, use, distribution, marketing, and promotion of tobacco products that are more restrictive than those provided by the Legislature. (GG – 2003)

48.

The SDML strongly supports legislation to distance state laws from Dillon’s Rule. (GG – 2005)

49.

The SDML supports the ability to use drones for any local government purpose. (Resolutions – 2014)

CORE BELIEFS

MUNICIPAL EMPLOYEES CB1. The SDML endorses the retention of the existing state constitutional right to work law and opposes any state 10

or federal legislation that interferes with or affects that right. While recognizing the right of employees to organize, it is fundamental that each employee be guaranteed individual freedom of choice in joining or not joining a union or other employee organization.

(GG – 2000; CB1) CB2.

The SDML advocates that the cities continue to review and upgrade job safety and health standards for all municipal employees and require the use of safety equipment by municipal employees while on duty. (GG – 2000; CB2)

CB3.

The SDML supports legislation that prohibits violence in the workplace. (GG – 2000; CB3)

CB4.

The SDML urges local governing bodies to adopt those portions of the Municipal League Personnel Manual that meet their local needs. (GG – 2000; CB4)

CB5.

The SDML encourages member municipalities to allot funding and paid time for employee and officials training and educational opportunities so that municipal service is made more effective and at the same time employees may become qualified for promotion to higher level positions. The SDML encourages municipal employees and officials to join and participate in professional associations, job related organizations, and other continuing education activities and urges cities to allot funding and paid time for such membership and participation. (GG – 2000; CB5)

CB6.

The SDML urges municipalities to prepare and adopt Equal Employment Opportunity policies that comply with law. (GG – 2000; CB6; 2013)

CB7.

The SDML is opposed to any legislation or administrative rules adopting binding arbitration. (GG – 2000; 2007; CB10)

CB8.

The SDML opposes repeal of Article III, Section 26 of the South Dakota Constitution relating to municipal powers denied to private organizations. The SDML opposes any further changes in SDCL 3-18-3 providing for the voting procedure for determination of bargaining unit representation. The SDML supports SDCL 3-1810 which prohibits strikes by public employees. (GG – 2000; CB11)

CB9.

The SDML supports local consideration of “equal pay for equal work” but opposes the development of comparable worth pay systems through DOL rulemaking that advances the notion that government should dictate an organization’s compensation program. (GG – 2000; CB12; 2013)

CB10. The SDML urges cities who do not have a retirement system to join the South Dakota Retirement System after careful fiscal review. (GG – 2000; CB13)

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

CB11. The SDML recommends that municipalities make available health and life insurance coverage for their employees. (GG – 2000; CB14) CB12. The SDML urges municipalities and other units of local government to consider joining the SDML Workers’ Compensation Fund, the South Dakota Public Assurance Alliance, the South Dakota Public Funds Investment Trust, the Health Pool of South Dakota, and SDML Municipal Government Software; and to review other services available through the SDML. (GG – 2000; CB15) CB13. The SDML opposes any investment of the assets of the South Dakota Retirement System in “social investing” or “venture capital.” (GG – 2000; 5) CB14. The SDML opposes any legislative action allowing a participating entity or group of members being removed from the South Dakota Retirement System.

(GG – 2000; 6) COMMUNITY AND ECONOMIC DEVELOPMENT CB15. The SDML urges all municipalities to adopt a fair housing policy. (GG – 2000; CB16) CB16. The SDML opposes bills similar to the “Bradley Bill” because of the potential environmental, social and

Seeing success from your PERSPECTIVE “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

www.ae2s.com

Water Engineering and Beyond Award-Winning Best Place to Work

economic impacts on the people and governments of South Dakota. (GG – 2000; 20) CB17. The SDML encourages the Governor and the Legislature and the Ellsworth Authority to assist in the efforts to retain Ellsworth Air Force Base as a viable military facility. (GG – 2003; 15) CB18. The SDML urges federal and state support for alternative transportation programs that take into account new technologies, mobility, community quality of life, and demographic trends as well as maintenance of traditional modes of transportation. (GG – 2015; 2016) (Moved from General Policy) GOVERNMENT ETHICS AND OPERATIONS CB19. The SDML endorses the Core Beliefs espoused by the National League of Cities.1 (GG – 2000; CB18) CB20. The SDML encourages municipalities to initiate policies to oppose racial profiling in any municipal activity. (GG – 2000; CB19) CB21. The SDML strongly supports municipal elections remaining non-partisan. (GG – 2003) CB22. The SDML supports efforts to review and update state statutes related to municipal government provided

PROPOSED STATEMENT OF POLICY (CONT) the South Dakota Municipal League has appropriate representation in that process. (GG – 2000) LOCAL CONTROL AND HOME RULE CB23. The SDML encourages federal, state, and local government leaders to continue to work with American Indian tribes to resolve taxation, regulatory, environmental and infrastructure issues, and law enforcement concerns. Such efforts should address concerns resulting from the federal government placing land into trust on behalf of American Indian tribes without such tribes having entered into a binding agreement with state and local entities on the collection of taxes, law enforcement, infrastructure and environmental concerns, and regulations. (GG – 2000; CB20) CB24. The SDML encourages consolidation of the Boards of Equalization with the cooperation of all entities of local government in order to relieve taxpayers of unnecessary burdens and encourages legislation to require counties to consolidate Boards of Equalization when requested by a municipality. (GG – 2000; CB21) CB25. The SDML opposes any legislation expanding the power and authority of special districts, sub-districts, cooperatives, and sanitary districts to render services without allowing municipalities the same options. (GG – 2000; CB22)

CB26. The SDML proactively opposes the mandatory OSHA requirements being applied to municipalities. (GG – 2000; 2) CB27. The SDML opposes any legislation which would inhibit municipalities from providing services requested by citizens in whatever form the citizens approve. (GG – 2006) _________________________________________ 1

Core Beliefs of the National League of Cities

We Believe in...

• Representative, participatory local government • Local government as the cornerstone of government in the United States • The value of public service • The value of diversity throughout our organization and our communities • Municipal authority over municipal issues • A commitment to the highest ethical standards among all public officials • Civility and mutual respect • Anticipating the needs of communities and developing strategies to meet those needs and improve the quality of life • Partnerships, coalitions, and collaborations to strengthen cities and our advocacy efforts

Architectural Outdoor and Roadway Lighting

With over a century of experience in providing reliable, energy-saving outdoor and roadway lighting solutions, Holophane and AEL are partners you can rely on... Contact us today at:

Public Health, Safety, and Welfare Committee

Ideas transform communities

POLICIES PUBLIC HEALTH AND SAFETY 1.

The SDML supports legislation to expand affordable and workforce housing opportunities in South Dakota.

(PHSW – 2014; 2018) 2.

The SDML supports making affordable public and private health care coverage available to all South Dakotans and strongly encourages efforts to expand Medicaid. (PHSW – 2014; 2015; 2016)

3.

The SDML supports a statewide task force to review access and resources for the treatment of alcoholism, drug addiction, tobacco addiction, and gambling addiction. The SDML calls for the State of South Dakota to assume increased responsibility for funding of detoxification and alcoholic, drug addiction, tobacco addiction, and gambling treatment facilities from state alcohol beverage taxes, tobacco taxes, and gaming revenues. (PHSW – 2000; 2014 CB2; 2015; 2018) (Amended and moved from Core Beliefs)

4.

5.

The SDML supports efforts to provide diversion for youth and adults, diverting low-level offenders to community services and case management, reducing unnecessary incarceration and justice system involvement while successfully reducing the criminal behavior of participants in diversion. (PHSW – 2021) The SDML supports a mechanism for blighted, vacant, or nuisance properties to assist in the costs of their own remediation, including any asbestos testing and removal. (PHSW – 2014; 2016; 2018)

6.

The SDML opposes the ability of individuals to grow cannabis in their own homes and opposes any outdoor growing of cannabis. (PHSW – 2021)

7.

The SDML supports legislation to provide stronger penalties and increase requirements for mandatory vehicle insurance. (PHSW – 2007)

8.

The SDML supports legislation to remove restrictions which prohibit municipalities from prohibiting the use of phosphates in lawn fertilizers within city limits.

(PHSW – 2010)

9.

The SDML supports adoption of the most recent edition of the International Codes, with the option of local amendments. (PHSW – 2013; 2014; 2017)

Submit your suggestions online

Sioux Falls 605.977.7740 Rapid City 605.791.6100

hdrinc.com

10.

The SDML strongly supports a statewide task force to review access and resources for the treatment of mental healthcare and increased funding for services and programs. (PHSW – 2015)

11.

The SDML supports legislation that eliminates any regulatory barriers within state law that prevent or stifle the creation of triage centers, which provide services to those seeking treatment for substance abuse and crisis stabilization for mental health issues.

(PHSW – 2019)

12.

The SDML supports making seatbelt violations a primary offense. (PHSW – 2016)

13.

The SDML opposes any effort to weaken the statewide smoking ban and will support legislation that strengthens state and local efforts to enforce this prohibition. (PHSW – 2016)

14

The SDML supports measures to keep public safety entities viable. (PHSW – 2019)

15.

The SDML supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the SDML supports continued state funding initiatives to maintain and upgrade the statewide system to the most current national standards for public safety communications (PHSW – 2017; 2018; 2020)

16.

The SDML supports a state funding initiative to mitigate the emerald ash borer infestation, similar to the state’s successful response to the pine beetle infestation. (PHSW 2018; 2020)

17.

The SDML supports legislation and funding to prevent human and sex trafficking. (PHSW 2018)

sdmunicipalleague.org/statementofPolicy sdmunicipalleague.org | 1.800.658.3633

13

PROPOSED STATEMENT OF POLICY (CONT) MUNICIPAL FINANCE 18.

The SDML supports efforts to increase Medicaid reimbursement rates for ambulance and emergency medical services. (PHSW – 2016) LOCAL CONTROL AND HOME RULE 19.

The SDML opposes state legislation limiting municipalities from adopting whichever portions of the International Codes deemed necessary. (PHSW – 2009; 2016)

CORE BELIEFS PUBLIC HEALTH AND SAFETY CB1. The SDML believes that the main emphasis of environmental protection should be information and assistance to municipalities and education of the general public. The League urges the State and Federal Government to fully fund programs and provide technical assistance for planning and implementing programs and regulations established by state and federal laws. The League urges continued research and pilot studies in the fields of pollution control, flood control, water and conservation, river siltation, forest management and waste management. (PHSW – 2000; CB1)

14

CB2.

The SDML recognizes the costs associated with maintaining and training regional emergency response teams in South Dakota and supports continued funding from the State of South Dakota. (PHSW – 2006; 2007; 2010) (Amended and moved from General Policy)

CB3.

The SDML supports legislation that requires that users of private telephone switches or services be provided capabilities of the same level of 911 services as is available to other residents of the jurisdiction. (PHSW – 2000; 1) (Moved from General Policy)

CB4.

The SDML supports legislation that continues to maintain compliance with the Juvenile Justice and Delinquency Act of 1974 and supports legislation for funding compliance. (PHSW – 2000; 2007; 3) (Moved from General Policy)

CB5.

The SDML supports the right of local jurisdictions to establish firefighting standards. The SDML does not oppose fire standards such as those issued by the National Fire Protection Association (NFPA) as long as such standards allow municipalities real and substantial flexibility for the way municipalities provide fire and emergency medical services. (PHSW – 2002; 7; 2016) (Moved from General Policy)

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

CB6.

CB7.

CB8.

The SDML encourages the local units of government to use the funds available from the State of SD to combat West Nile and other mosquito-borne diseases and encourages the State of SD to increase these funds.

(PHSW – 2007; 2016) (Amended and moved from General Policy) The SDML urges cities to continue weekly testing of pools and public bodies of water as previously required by the Department of Agriculture and Natural Resources. (PHSW – 2011; 2016) (Moved from General Policy) The SDML encourages the licensing of building contractors by local units of government to ensure that contractors comply with minimum standards to protect the consumer. (PHSW – 2004) (Moved from main policy statement - 2018)

MUNICIPAL FINANCE CB9. The SDML encourages local governments to maintain 911 systems using the Funding Surcharge allowed by SDCL 34-45 (Emergency Reporting Telephone) and encourages legislation to increase this surcharge to fully fund the system. (PHSW – 2000; 2007; 2010; CB3)

CB15. The SDML supports the creation of a long-range technology master plan for South Dakota. (PHSW – 2003) CB16. The SDML urges investment in research and development and intellectual property using research triangles and incubator programs to promote these endeavors. (PHSW – 2003) CB17. The SDML recognizes that any mismanagement of the Black Hills National Forest is a health, safety and economic development issue for residents of South Dakota. The SDML supports policies that prioritize quality of life and economic development in the Black Hills National Forest. (PHSW – 2003; 2016) CB18. The SDML urges the SD Department of Agriculture and Natural Resources to recognize that environmental regulations cost municipalities an immense amount of money, which could otherwise be spent on economic development and quality of life improvements.

The SDML urges DANR to keep environmental regulation as reasonable and affordable as possible for municipalities in South Dakota. (PHSW – 2003)

LOCAL CONTROL AND HOME RULE CB10. The SDML opposes any state environmental laws and regulations that are more stringent than existing federal environmental laws, standards and regulations. (PHSW – 2000; CB4) CB11. The SDML encourages standards be developed to provide equal 911 service to all citizens and visitors and encourages cooperative efforts to improve 911 services and efficiency. The SDML opposes mandated consolidation of 911 service centers. (Adopted at Joint Board Meeting between SDML and SDACC, December,1999; 8; Amended by SDML Board, December, 2006; PHSW – 2016) (Moved from General Policy) COMMUNITY AND ECONOMIC DEVELOPMENT CB12. The SDML supports ensuring K-12 education is at the highest academically competitive levels as well as the teaching of basic life skills and responsibilities.

(PHSW – 2003) CB13. The SDML supports the use of public and private colleges and universities in producing labor studies and other studies on local needs and resources, and in the development of a statewide master plan for economic development. (PHSW – 2003) CB14. The SDML encourages general education cost forgiveness for South Dakota university and technical school graduates who stay in-state for a specified length of time. (PHSW – 2003; 2010)

Trusted.

Professional.

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

dgr.com

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

sdmunicipalleague.org | 1.800.658.3633

15

PROPOSED STATEMENT OF POLICY (CONT) CB19. The SDML recognizes the importance of maintaining the National Science Lab, and strongly supports its continued scientific efforts at the former Homestake mine. (PHSW – 2005; 14) (Moved from General Policy) CB20. The SDML encourages the development of a statewide economic development policy in South Dakota -recognizing that quality of life in communities is a major factor. (PHSW – 2002) (Moved from General Policy)

Public Works Committee POLICIES

LOCAL CONTROL AND HOME RULE 1.

The SDML recommends that the Department of Transportation, the Legislature, and any county affected, carefully review the financial impact of the transfer of any roads, bridges or highways to the municipality. The SDML supports legislation to require counties and the state to provide to municipalities all maintenance records and bridge inspections prior to the negotiation of a transfer. (PW – 2000; 2010; 1)

16

2.

The SDML strongly supports legislation affirming the authority of municipal government to control activities and charge for the use by utilities within public rightsof-way within municipal jurisdiction. (PW – 2000; 2)

3.

The SDML opposes any regulation by others of any service provided by or regulated by a municipality.

However, the SDML strongly feels that municipalities should be included in any discussion on restructuring of the energy and telecommunication industries. (PW – 2000; 3)

PUBLIC HEALTH AND SAFETY 4.

The SDML recommends that the State Department of Transportation analyze and make recommendations to the legislature regarding the adverse effects of state load and length limits on municipal streets, bridges, and traffic patterns regarding state load limits, issuing of permits, or truck lengths. (PW – 2000; 2010; 6) 5.

The SDML strongly urges the Department of Agriculture and Natural Resources and the South Dakota State Legislature to adopt rules, regulations and appropriate legislation to designate the entire Big Sioux River Basin as a water source protection area

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

and to establish a management plan for the allocation of water in the Big Sioux River Basin (the river and associated aquifers.) (PW – 2000; 7) 6.

7.

The SDML supports the Safe Drinking Water Act; however, the SDML opposes federally mandated drinking water standards unless based upon proven human health risks substantiated by scientific data.

The SDML continues to support monetary assistance to public water systems based upon flexible and reasonable incentives. (PW – 2000; 2008; 8; 2019) The SDML opposes any US Corps of Engineers’ proposal to levy fees on the storage of water in the Missouri River reservoirs to recover costs of constructing the Missouri River dams as these fees would pose severe economic impacts to municipal and rural water systems in the state. (PW – 2011; 2019)

COMMUNITY AND ECONOMIC DEVELOPMENT 8.

The SDML recognizes the importance of water, sewer, electric, and other utilities to the economic development of South Dakota. The SDML strongly opposes any measure that would hinder the growth and development of municipal public utilities. (PW – 2019) A.

The SDML supports clarifying the limits on the ability to refer property zoned and permitted properties. (PW – 2022)

B.

The SDML supports maximum local control over all aspects of siting marijuana related facilities. (PW – 2022)

9.

The SDML supports planning and zoning legislation that will encourage continuity between city and county planning and zoning procedures and reduce ambiguities within the adoption process, enabling municipalities to more effectively adopt and administer their comprehensive plan, zoning regulations, and subdivision regulations. (PW – 2000; 10)

10.

11.

12.

The SDML would strongly oppose any legislation to overrule local zoning or building codes pertaining to mobile homes, manufactured houses or trailer houses.

(PW – 2000; 11) The SDML supports the right and authority of municipalities to have at least an equal voice in platting, zoning, planning, code enforcement, and flood management control in the extraterritorial area. The SDML also supports legislation to enhance municipalities’ ability to gain extraterritorial jurisdiction, and permissive legislation allowing cities and counties to enter into intergovernmental agreements for Urban Growth Areas. (PW – 2000; 12) The SDML supports amendments to annexation laws that increase local authority. (PW – 2000; 9)

13.

The SDML supports legislation to amend SDCL 9-4-1 to exclude “registered voters” from the petition process for annexation of contiguous territory. (Transferred from GG – 2000; 13)

14.

The SDML opposes any legislation which would hinder municipal control of planning, zoning, and development issues within the corporate limits or municipal growth areas. (PW – 2003; 2019)

15.

The SDML believes municipal governments should be notified of and participate in economic development efforts within their jurisdiction. (PW – 2014)

16.

The SDML supports state and federal funding for the Lewis and Clark Regional Water System to complete services to South Dakota communities. (PW – 2014)

17.

The SDML would support legislation to prohibit creation of any entity with municipal powers within five miles of any existing municipal boundaries. (PW – 2015)

MUNICIPAL UTILITIES 18.

The SDML opposes forced transfer or sale of ownership of state or federally owned dams and power marketing administrations. (PW – 2000; 2010; 15) (Deleted portion moved to Core Beliefs) 19.

The SDML opposes the practice of the federal government threatening the loss of funding to ensure compliance with federal guidelines. The SDML requests the Department of Agriculture and Natural Resources to allow flexibility to water systems to meet water certification requirements and urges the Department of Agriculture and Natural Resources to continue monetary assistance and free training for water certification. (PW – 2000; 2008; 16)

20.

The SDML opposes any legislative and regulatory barriers to the creation of municipal electric utilities and supports the fundamental principle of public power and the right of municipalities to provide any utility service desired by their citizens. (PW – 2004)

21.

The SDML opposes legislation that removes the ability of municipalities to determine responsibility for service lines between the homeowner and the city.

(PW – 2005; 2016)

22.

The SDML supports the right and authority of municipalities to retain local control over all aspects of placement and use of individual alternative power systems. (PW – 2008)

23.

The SDML encourages policymakers at all levels to understand the importance of robust broadband and other technology deployment in rural America to avoid a digital divide between rural and urban citizens. (PW – 2010; 2019)

sdmunicipalleague.org | 1.800.658.3633

17

PROPOSED STATEMENT OF POLICY (CONT) impact to publicly owned wastewater treatment works.

(PW – 2011; 2016) (Moved from General Policy)

Submit suggestions online

sdmunicipalleague.org/statementofPolicy 24.

The SDML supports amending annexation laws to ensure non-contiguous municipal utility facilities, specifically wastewater treatment plants and landfills, be considered as being within municipal boundaries.

(PW – 2012)

MUNICIPAL FINANCE 25.

The SDML supports continuation, reinstatement, or new state and federal grants and loans, at sustained levels, including State Revolving Fund monies, to local governments to facilitate construction and upgrading of sewer, stormwater utility, water, and solid waste facilities as mandated by state and federal regulations.

(PW – 2000; 2007; 19) 26.

The SDML supports legislation to require that all aviation funds, grants, revenues, taxes or monies from any other source collected previously and in the future be dedicated for aviation use only. (Moved from Taxation and Revenue Committee; 31; 2019)

CORE BELIEFS PUBLIC HEALTH AND SAFETY CB1. The SDML urges municipalities to develop ordinances that establish water and energy priorities within the municipality to conserve these resources. Further, the SDML urges municipalities to develop and implement public education programs designated to encourage water and energy conservation methods. (PW – 2000; CB1) CB2.

The SDML endorses the wise use of energy and urges local officials to be able to provide adequate input into any energy management or energy standards plan or regulation that affects local government. (PW – 2000; CB2)

CB3.

The SDML feels strongly that a concerted effort should be made by the state, counties, and cities of this state to eliminate traffic hazards and provide uniform traffic control devices and signing for streets and highways.

(PW – 2000; CB3)

CB4.

The SDML supports the Department of Agriculture and Natural Resources establishing water quality standards that protect public health and the environment but opposes EPA mandates that establish national onesize-fits-all standards that do not fit South Dakota because they are overly protective, have negligible environmental benefit, and have a dramatic economic

18

LOCAL CONTROL AND HOME RULE CB5. The SDML recommends that streets and highways constructed with state/federal funds be based upon consultation and coordination with the local government. (PW – 2000; CB4) CB6.

The SDML urges the Transportation Commission, with input from municipal government, to develop and adhere to an adequate transportation plan and supports the development of an access management model.

Further, municipalities must be offered participation in any change affecting their area. (PW – 2000; CB5)

CB7.

The SDML opposes any state mandated prohibition against the cities’ right to construct with their own crews. (PW – 2003)

COMMUNITY AND ECONOMIC DEVELOPMENT CB8. The SDML believes that municipal and county governments should formulate and control all local planning and zoning programs. (PW – 2000; CB7) CB9.

The SDML supports enhanced state and federal funding for water supply and wastewater systems. (PW – 2014; 2018)

MUNICIPAL UTILITIES CB10. The SDML supports the rights of municipalities to establish electric utility systems to provide service within their corporate limits and adjacent urban growth areas. (PW – 2006) CB11. The SDML opposes any legislation limiting or eliminating a municipal electric utility’s right to serve customers facilitated by annexation and/or condemnation. (PW – 2006) CB12. The SDML encourages the state and federal government to maintain dams in a safe and usable condition. (PW – 2010) (Partially moved from General Policy) CB13. The SDML supports the continued training and certification of water, wastewater, electrical workers, and landfill operators. (PW – 2000; 2004; 2010; 17) (Moved from General Policy) CB14. The SDML opposes any changes to the Power Marketing Administrations and specifically the Western Area Power Administration which deviate from the principles of beneficiary pays and cost-based rates. (PW – 2012)

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. (T&R – 2017)

Taxation and Revenue Committee POLICIES COMMUNITY AND ECONOMIC DEVELOPMENT 1.

The SDML supports revising the business improvement district statutes to allow municipalities and counties to enter into joint projects and to locally determine all rates. (T&R – 2003) 2.

The SDML supports creating incentives within the REDI fund for investment, not just job creation. (T&R – 2003)

3.

The SDML supports making REDI funds available for infrastructure, and infrastructure master planning, infill, and redevelopment. There is plenty of raw land, but it needs infrastructure before it can be sold to prospects or developed in a timely manner. (T&R – 2003)

4.

The SDML supports allowing maximum local control of tax increment financing (TIF) districts, an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as

5.

The SDML supports legislation allowing a local vote on up to an additional one cent temporary municipal sales tax to be used for improvement projects. (T&R – 2014)

6.

The SDML supports legislation that directs American Rescue Plan Act (ARPA) funds to finance grants and/ or principal forgiveness for high priority infrastructure projects through the South Dakota Department of Agriculture & Natural Resources (SDDANR). This state initiative would decrease local costs associated with infrastructure expansion, thereby providing needed incentives for new housing stock and reducing the cost to construct new homes in South Dakota.

The SDDANR and its Board of Water and Natural Resources are well-equipped to deploy funds in an efficient, forward-thinking manner. (T&R - 2021)

7.

The SDML would support legislation to provide an exemption from the contractors’ excise tax for homeowners meeting the requirements of the firsttime home buyers program. (T&R – 2021)

Join our Team!

bit.ly/3ORiAr6

Expertise Snapshot Capital Improvement Plans Feasibility Studies Grants + Funding Support Downtown Hartford Master Planning Community Engagement Session Hartford, SD

Hydraulic System Modeling + Analysis Industrial Wastewater Inflow + Infiltration Studies Master Planning + Facility Plans

COMMUNITY-DRIVEN SOLUTIONS 101 South Reid Street + Suite 202 | Sioux Falls, SD 57103 | 605.274.6401

Permitting Sanitary Sewer + Wastewater Collection Site Selection + Surveying User Rate Studies Wastewater Treatment Water + Wastewater Operations Water Reuse

Architecture + Engineering + Environmental + Planning | ISGInc.com

Water Treatment

sdmunicipalleague.org | 1.800.658.3633

19

PROPOSED STATEMENT OF POLICY (CONT) 8.

The SDML supports allowing municipalities to adopt a discretionary formula for up to ten years, regardless of the actions of a surrounding county. (T&R 2021)

MUNICIPAL FINANCE 9.

The SDML supports local ability to adopt additional taxes and fees on legalized cannabis establishments to provide funding for associated increased costs.

(Resolutions Committee – 2021) 10.

The SDML supports amending SDCL 6-3-3 to return the required percentage of the vote to pass a joint bond issue to a simple majority. (T&R – 2000; 4)

11.

The SDML strongly supports legislation to amend SDCL 10-52A-2 to allow up to 2 percent “bed, booze, and board” tax. (T&R – 2005)

12.

The SDML supports the local option for an application fee to cover the costs of processing alcoholic beverage licenses. (T&R - 2021)

13.

The SDML supports legislation requiring counties to

notify municipalities of any changes to road and bridge reserve fund levies. (T&R – 2015) 14.

The SDML supports the option to change the Business Improvement District room fee to a percentage basis.

(T&R 2019)

SALES TAX 15.

The SDML opposes any legislation that would reduce, remove, repeal or reallocate the municipal sales tax, liquor tax reversion or any other municipal revenues to any other unit of government or that would expand the power to impose a sales or use tax to any other unit of government. (T&R – 2000; 9) 16.

The SDML opposes any further exemptions from the sales tax laws. (T&R – 2000; 10)

17.

The SDML opposes the repeal of the municipal sales tax on groceries. (T&R – 2004)

18.

The SDML supports legislation to allow municipalities to impose an additional tax on the leases or rentals

A Strong Public Finance Partner in South Dakota 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.

Gerald J. Spethman, Jr. Senior Vice President, Public Finance Banker

(402) 392-7933 (866) 466-9368

JSpethman@dadco.com

Primary areas of focus include: • • • •

Cities Counties School Districts Rural Water Utility Finance

• • • •

Healthcare Finance Lease-Purchase Financing Nonprofit Entities Alternative Energy

450 Regency Parkway | Suite 400 | Omaha, NE | dadavidson.com 20

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

of hotel, motel, campsites, or other lodging accommodations within the municipality. (T&R – 2000; 11) 19.

20.

21.

the collection allowance will reimburse sellers for the costs of collecting the taxes.) (T&R – 2002; 23) 24.

The SDML opposes any municipal funding of a sales tax collection allowance for all sellers, whether in or out of state. (T&R – 2002; 2004; 2012; 2013)

25.

The SDML strongly opposes any formula-driven redistribution of sales and use tax revenues. The SDML strongly supports maintaining the current system of returning revenues based on sales actually attributed to that point of delivery. (T&R – 2002; 15)

The SDML supports continued local control over local rates and opposes weighted averaging or a stateimposed single rate. (T&R – 2002; 25)

26.

The SDML supports allowing broad, local-option authority to municipalities that would enable the return of any potential tax revenue increases to entities or persons deemed appropriate by the municipality.

(T&R – 2002; 20)

The SDML supports retaining the ability of municipalities to impose, adjust, and determine local rates, protect current revenues, prevent loss of revenue, and to account for any future growth. (T&R – 2002; 26)

27.

The SDML supports reinstatement of the ability to tax Internet services. (T&R – 2002; 2010; 27)

28.

In order to support more accurate financial planning, the SDML supports continued efforts by the Department of Revenue to provide municipalities better and more detailed information on sales tax receipts.

The SDML opposes any attempt by the state to extend their authority over the collection, administration, and redistribution of the municipal sales tax for any purpose. (T&R – 2000; 12)

22.

The SDML supports a requirement that all prior debt obligations be covered regardless of any potential initiative, referendum, or legislative action. (T&R – 2002; 22)

23.

The SDML is opposed to de minimus exceptions. (The exceptions do not serve to level the playing field and

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

 SIOUX FA LLS

 H RG R E E N .C O M

STATE/FEDERAL FUNDING 29.

The SDML supports repeal of state taxation on alternative fuels used by local governments and supports federal tax incentives for government purchases of alternative fuel vehicles. (T&R – 2007) 30.

The SDML supports exempting government projects from the contractors’ excise tax. (T&R – 2004; 2015)

31.

The SDML supports exempting government owned and provided materials from the contractors’ excise tax. (T&R – 2015)

32.

The SDML supports legislation to allow a local option, gross receipts tax on alcoholic beverages for the counties to fund public-safety related items. (T&R – 2015)

33.

The SDML supports exempting all municipal projects, facilities, and equipment from sales and use taxes, so long as the municipality retains ownership and control, regardless of who installs or operates the facility or equipment. (T&R – 2011)

34.

The SDML opposes removing or reducing tax exemptions for municipal bonds. (T&R – 2013)

PROPERTY TAX 35.

The SDML supports legislation to allow, at local option, the creation of library districts to allow for the equitable funding for libraries that provide service to municipalities, counties, and other overlapping entities.

(T&R – 2000; 31)

sdmunicipalleague.org | 1.800.658.3633

21

PROPOSED STATEMENT OF POLICY (CONT) CB2.

The SDML opposes attempts to amend the Constitution to cap the growth of property values and base the value on the acquisition value of property. (T&R – 2005)

The SDML supports periodic evaluation and increases in state motor vehicle license fees for the funding of streets and highways and supports exploring other revenue to fund the highway transportation needs of the state. (T&R – 2000; CB2)

CB3.

The SDML supports continuing liens and encumbrances on property purchased through a tax deed. (T&R – 2013)

The SDML will support legislation to repeal the reduction in license fees for commercial vehicles, based on age of the vehicle. (T&R – 2000; CB3)

CB4.

The SDML would oppose any redistribution of the motor fuel taxation that would violate the accord reached by the State and local governments in 1985.

(T&R – 2000; CB4)

CB5.

The SDML supports funding of the South Dakota Local Technical Assistance Program. (T&R – 2000; CB5)

CB6.

The SDML recognizes that the US Army Corps of Engineers is responsible for the operation and maintenance of dams on the Missouri River, which due to design deficiencies, have caused stream bank erosion, channel sedimentation, and riverbed degradation. Therefore, the cost to operate and maintain the Missouri River system as envisioned in the Flood Control Act of 1944 (Pick-Sloan) should be borne by the Federal Government. (T&R – 2000; CB7)

CB7.

The SDML supports legislation for state general funds for training programs at the local level required by the state for firefighters and EMS workers and especially including funds to reimburse volunteers for expenses incurred in training. (T&R – 2000; CB8)

CB8.

The SDML requests that the state financially underwrite the full costs of all law enforcement training that is required by the state. Funds levied for training should be used only for training. Adequate funding of the law enforcement academy is essential to the provision of law enforcement officer training. (T&R – 2000; CB9; 2015)

CB9.

The SDML supports the provisions of SDCL 6-15-1 and 6-15-2, relating to unfunded mandates, and believes that any new federal or state program, fee, legislation, rule, or regulation imposed upon municipalities must be federally or state funded. (T&R – 2000; CB10)

36.

The SDML opposes any legislation that would shift more of the current property tax levy from ag to non-ag property. (T&R – 2000; 32)

37.

38.

39.

The SDML supports legislation to amend SDCL 1013-35 to set the property tax cap at 3% or the rate of inflation, whichever is greater. (T&R – 2015)

40.

The SDML supports enhancing and streamlining the information provided by the county director of equalization to the local board of equalization regarding reassessment plans, growth, and listing of properties inspected during the prior year. (T&R 2018)

USER FEES 41.

The SDML opposes discriminatory charges on county taxpayers living within municipal boundaries for services, including but not limited to 911 emergency services. (T&R – 2012) PUBLIC HEALTH AND SAFETY 42.

The SDML supports efforts to hold telecom wireless companies accountable for all surcharge remittance on wireless services provided. The SDML also supports legislation allowing inflationary increase in the surcharge to keep pace with continued growing costs and inflation. (T&R – 2017) 43.

The SDML supports expanding the base for the 911 surcharge to include all means of communicating with a 911 system. (T&R – 2005)

44.

The SDML supports enhanced revenue from the state and federal governments to implement heightened security standards necessitated by any state or federal Homeland Security requirements. (T&R – 2002; 36)

CORE BELIEFS MUNICIPAL FINANCE State/Federal Funding CB1. The SDML strongly supports the federal government honoring all of its funding obligations, including but not limited to federal highway funding and airport funding. The SDML also strongly supports the continued assistance of the SD Department of Transportation in assuming the local matching portion of federal highway monies. (T&R – 2000; 2010; 2011; CB1)

22

CB10. The SDML supports repeal of state taxation on fuels used by local governments. (T&R – 2003; 31) CB11. The SDML believes that whenever possible and proper, additional local government costs should not be funded through increased real estate taxes, but through appropriate user fees or user tax systems or any other non-ad valorem revenue sources. (T&R – 2000; 33) CB12. The SDML supports continued state and federal financing at sustained levels to local governments for

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

projects rehabilitating and preserving water quality in South Dakota streams, rivers, lakes and aquifers.

(T&R – 2000; 29) (Moved from General Policy) CB13. The SDML supports developing an open, stronger, more cooperative working relationship with the SD Department of Revenue. (T&R – 2010; 2012) (Moved from General Policy) CB14. The SDML supports federal funding, including the “state-side” share of the Land and Water Conservation Fund, on the condition that the state continues its practice of sharing those funds with municipalities.

(T&R – 2000; 2016; 30) (Amended and moved from General Policy) LOCAL CONTROL AND HOME RULE CB15. The SDML opposes any measure that restricts local control over taxation and spending and urges the defeat of any such measure. Further, the SDML encourages municipalities to work individually and with other local governments to inform citizens of the negative impact of tax and spending limitation measures. (T&R – 2000; CB11)

or individual self-insured local government entities.

(T&R – 2000; CB12) COMMUNITY AND ECONOMIC DEVELOPMENT CB17. The SDML encourages the Legislature and the Governor to review all laws as they pertain to economic development, and to work with municipalities to develop opportunities and remove impediments to development of our communities. (T&R – 2002; 1) MUNICIPAL UTILITIES CB18. The SDML opposes the imposition of any federal or state taxes, fees, or regulations that would have an effect upon municipally owned enterprises or utilities.

(T&R – 2000; 2016; 37; 2019) (Moved from General Policy) USER FEES CB19. The SDML supports the concept of user fees for public service calls, including but not limited to law enforcement and fire protection for all tax-exempt properties. (T&R – 2000; 2008; 2010; 33; 2015; 2020 moved to Core Beliefs) ■

CB16. The SDML opposes any attempt to impose a tax or regulation on self-insured local government pools

Submit suggestions online

sdmunicipalleague.org/statementofPolicy

2022 RESOLUTIONS COMMITTEE The Resolutions Committee will meet Oct. 6 to reivew the proposed Statement of Policy and recommend the final set of policies for a vote.

Daniel Ainslie, City Manager, Sturgis Brett Bill, Planning and Zoning Director, Aberdeen Robin Bobzien, City Engineer, Aberdeen David Bixler, City Council Budget Analyst, Sioux Falls Mark Cotter, Public Works Director, Sioux Falls Jim David, Operations/ Legislative Manager, Sioux Falls Tracy Davis, Deputy Finance Officer, Rapid City

Laurie Gronlund, Human Resources Director, Pierre Gloria Hanson, Mayor, Fort Pierre Kristi Honeywell, City Administrator, Pierre Joel Landeen, City Attorney, Rapid City Amy Leon, City Manager, Yankton Ashley McDonald, City Attorney, Spearfish Shauna Meyerink, Finance Officer, Platte

Tom Paisley, Building Official, Spearfish Andrew Pietrus, City Administrator, Harrisburg Brittany Smith, City Administrator, Philip Curt Soehl, Councilmember, Sioux Falls Pauline Sumption, Finance Director, Rapid City Paula Wagner, Trustee, Brant Lake Justin Weiland, City Administrator, Dell Rapids Harry Weller, Mayor, Kadoka ■

sdmunicipalleague.org | 1.800.658.3633

23

SDML EVENTS

UPCOMING SDML EVENTS SEPT 21

ELECTRIC ASSOCIATION SPORTING CLAY SHOOT Humbolt

Oct 4-7

SDML ANNUAL CONFERENCE Watertown

Nov 16-19

NATIONAL LEAGUE OF CITIES CITY SUMMIT Kansas City, MO

DEc 14

SDML BOARD OF DIRECTORS MEETING Pierre

24

SDML COMMITTEES 2022 NOMINATING COMMITTEE Mike Grosek, Webster, Chair Al Cerny, Gregory Pauline Sumption, Rapid City 2022 AUDITING COMMITTEE Michelle De Neui, Spearfish Tracy Davis, Rapid City Claire Baartman, Dell Rapids

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

Turning the Tides of Municipal Government

2022 SDML ANNUAL CONFERENCE WATERTOWN | OCT. 4-7 2022

Set Sail for Watertown!

We are looking forward to you all coming to our vibrant, growing, and fun community for the Municipal League Conference next month. I applaud all of you dedicated city leaders who will take the opportunity to network with colleagues, share ideas, and learn how to better serve your people.

Of course, many of you are probably looking to enjoy yourself as well.

Whether you’re looking for professional growth or to have fun, Watertown will not disappoint.

Watertown recently won a contest as the “Strongest Town” in North America, and for good reason. Our blend of civic and community leaders work together to bring economic growth along with quality-of-life-improvements.

We’ve become known as a hub for arts, with local galleries highlighted by the Terry Redlin Art Center, a sculpture walk, and music concerts nearly every week.

Food is also an art in Watertown. We have restaurants that have won regional awards in both brisket and steak, and a brew pub that won second place at the national pizza competition and five times won the award for “Best in the Northwest.”

Along with revitalizing our downtown and bringing in thousands of apartments and houses, the city of Watertown is moving ahead with exciting new projects including a city hall, street department facility, downtown park, and an ice arena. We also just finished a gorgeous new airport terminal.

We’ve got a lot going on in Watertown, and we’re excited that you'll be here with us. We hope you have a lot of fun, learn much, and return back home with great memories of your time at this wonderful event.

Ried Holien Mayor, Watertown, SD ⚓

Learn More Online

www.watertownsd.us www.sdmunicipalleague.org

25

SDML CONFERENCE

Making the Most of the SDML Conference Before you go Bring a good idea from home to share and a supply of business cards.

If your city has promotional stickers or pins, bring a supply to share to make your hometown visible and help you make connections.

Make a plan Review the program and map out the sessions you will attend. If others from your community are attending, decide together who will go to what. Your municipality will gain the most when attendees divide and conquer. All meetings are open to all registered attendees.

If you are a first-time attendee, plan on going to the “Orientation for New Attendees” session on Wednesday morning so you can learn more about the conference and the League, as well as meet other first-timers.

Attend the sessions All sessions listed on the conference program are open to all conference attendees – you do not have to be a member of the affiliate group to attend their meeting.

Take notes Good session notes – complete with notations of who you want to share the information with after the conference and ideas the information generates – will be invaluable when you prepare a summary. Plan to share it with other municipal officials, citizens, and appropriate staff.

Recap Daily Each evening as you wind down from the day of sensory overload, review your session notes and jot down the top three discoveries. What were the most important, pertinent, useful, or 26

amazing discoveries that day? How can they apply to your municipality?

Write them down. And – on a specific future day in your calendar – note an idea you want to pursue.

Network Make it a habit to introduce yourself to others around you at session and events. Have plenty of business cards to share. You can start conversations by asking questions.

What part of the conference have they enjoyed most so far? How long have they held their position?

What are the biggest issues their community faces? You may have common concerns to explore or discover solutions that other communities have developed for similar issues.

Visit the exhibits Exhibitors are experts in their field and have a lot of experience working with municipalities. They can be great sources of information and solutions for municipal concerns.

Exhibits are open Wednesday 8 a.m.-4 p.m. and Thursday 8-11 a.m.

Be sure to complete your Visit the Exhibits card to be eligible for prize drawings.

Participate in Policy Committees If you serve on a Policy Committee, those meet on Wednesday afternoon.

If you are not on a policy committee, this is an excellent opportunity to sit in on one that is of interest to you. Policy Committees shape the Statement of Policy that guides the League’s legislative agenda for the coming session.

Vote Make sure your municipality has a voting delegate at the business

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

Conference Fees SDML Members • One day: $65 • Two-three days: $100 • Guests: $65 flat fee Non-members • One day: $100 • Two-three days: $200 Early bird pricing ends Sept. 16! sdmunicipalleague.org/conference

meeting on Friday morning so your voice is counted in the election of League board members and the adoption of the Policy Statement.

Get your money's worth Know what it costs your municipality to send you to the conference and be prepared to talk about all the benefits your local government receives as a result. Municipal government is a lot like parenthood.

It is impossible to know all about it until you are in the thick of it. There is a lot of on-the-job learning – and the SDML Conference is the single best forum for learning about municipal governance in South Dakota.

Recharge Relax and enjoy the sights and delights of the host town, Watertown.

Take time to renew yourself every evening to be refreshed the next day. Return home with your notes, contacts, resources, ideas, and dreams – and the commitment to make a difference with what you have learned! ⚓

SDML CONFERENCE

2022 SDML Annual Conference Agenda Preliminary agenda. Subject to change.

Tuesday, October 4 2:00 p.m.

SDML Golf Tournament Pre-registration required Ca�ail Crossing Golf Course, Watertown Hosted by: City of Watertown and South Dakota Municipal League

7:00 p.m.

SDML Board of Directors Mee�ng

Wednesday, October 5 8:00 a.m.

Registra�on

8:00 a.m.

Exhibits Open (through 4 p.m.)

9:00 a.m.

Orienta�on for New A�endees SDML Board Members Recommended for any city employees or elected officials who have not previously a�ended an annual conference.

9:00 a.m.

SD Airport Management Associa�on Presiding: Chris Dietz, SDAMA Acting President, Rapid City 1. Business Mee�ng and Elec�on 2. What’s Driving Your Airport Project Costs?

Mead & Hunt 3. Aeronau�cs Update Jon Becker, Aeronautics Planning Engineer, SDDOT (tentative)

All you need - all online!

www.sdmunicipalleague.org/conference • Register for the conference Early bird deadline Sept. 16 • Sign up for the walk/run • Participate in the golf event • Submit 20-year employees and officials for the Hall of Fame

9:00 a.m.

SD Governmental Human Resource Associa�on Presiding: Shauna Meyerink, SDGHRA President, Platte 1. Business Mee�ng and Elec�on 2. Mental Health for Municipal Employees | Employee Wellness Programs, EAP Programs, FMLA and Mental Health Roundtable: How to Recognize Your Employees

9:00 a.m.

SD Municipal A�orney Associa�on Presiding: Matt Roby, SDMAA President, Watertown 1. Business Mee�ng and Elec�on 2. Roundtable Discussion

10:00 a.m.

SDML Pooling Mee�ngs • Health Pool of South Dakota • South Dakota Public Assurance Alliance • SDML Workers’ Compensa�on Fund

11:00 a.m.

Pooling Pong Come join the risk-sharing pools for a fun and interac�ve game of Pooling Pong. A dry version of the popular beer pong game.

Presented by staff from the SD Public Assurance Aliance, and SDML Workers’ Compensation Fund|Insurance Benefits, Inc.

New Attendee Orientation 9 a.m. Wed, Oct. 5

Meet the Municipal League staff and board members and get a better understanding of what SDML does for municipalities in South Dakota.

We’ll look over the conference agenda, share success stories of the SDML, explain the role of the policy committees, and explore ways you can get involved.

sdmunicipalleague.org | 1.800.658.3633

27

SDML CONFERENCE

AGENDA (CONT) Safety Awards Luncheon Presiding: Tracie Everson, Safety Benefits, Inc. Hosted by: SDML Workers’ Compensa�on Fund and South Dakota Public Assurance Alliance

Noon

1:00 p.m.

1:00 p.m.

1:00 p.m.

4:00 p.m.

SD City Management Associa�on Presiding: Stephanie Ellwein, SDCMA President, Mitchell 1. Public Sector Collec�ve Bargaining Shane Davis, Federal Mediation & Conciliation Service • History and Framework of Collec�ve Bargaining in the US Introduc�on to the Interest Based Model of Collec�ve Bargaining • Best Prac�ces and Survival Strategies for Nego�a�ng Like a Pro 2. Business Mee�ng and Elec�on SD Municipal Street Maintenance Associa�on Presiding: Craig Wagner, SDMSMA President, Hartford 1. Business Mee�ng 2. TBD SD Associa�on of Code Enforcement Presiding: Brad Bies, SoDACE President, Yankton 1. Business Mee�ng 2. Surviving Verbal Conflict Greg Williams, Law Enforcement Training Coordinator, State of South Dakota SDML Policy Commi�ee Mee�ngs 1. General Government 2. Public Health, Safety, and Welfare 3. Public Works 4. Taxa�on and Revenue

4:00 p.m.

SDML Audi�ng Commi�ee

4:00 p.m.

SDML Nomina�ng Commi�ee

5:00 p.m.

Exhibit Area Social

Agenda subject to change.

Find the most current version online:

Anchors Aweigh!

Wed. Oct. 6 | 6 p.m.

Break out the boat shoes and don your captain’s hat! Dress in your best nautical gear for an evening of heavy hors d’oeuvres, photo ops, and live music from across the seven seas!

6:00 p.m.

Evening Entertainment “Anchors Aweigh!”

Heavy hors d’oeuvres and live music

Thursday, October 6 7:00 a.m.

SDML 18th Annual Walk/Run Pre-registration required

Par�cipants will be bused from the Ramkota to the Watertown Police Department where the run will begin and end. Tours of the Police Department are available a�erwards.

Hosted by: Health Pool of SD, SDML Workers’ Compensa�on Fund, and South Dakota Public Assurance Alliance 7:45 a.m.

Breakfast

7:45 a.m.

SDML Past Presidents’ Breakfast

8:00 a.m.

Registra�on

8:00 a.m.

Exhibits Open (close at 11 a.m.)

8:00 a.m.

Resolu�ons Commi�ee Presiding: Amy Leon, City Administrator, Yankton

9:00 a.m.

Elected Officials Workshop: Minding the Minefields – A Primer on Local Elec�ve Office • David Pfeifle, SDPAA Executive Director • Ryan Sage, Senior Assistant City Attorney, Sioux Falls • Tom Greco, City Clerk, Sioux Falls

sdmunicipalleague.org/conference 28

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

SDML CONFERENCE

SD Municipal Electric Associa�on Presiding: Russ Halgerson, SDMEA President, Brookings 1. SDMEA Update 2. Partner Updates • Missouri River Energy Services • Heartland Energy • Western Area Power Administration 3. Impacts of Electric Vehicles Chris Nordquist, DGR Engineering 4. Business Mee�ng and Elec�on

11:00 a.m.

Housing Presenta�on

Noon

Excellence in SD Municipal Government Award Luncheon • Presenta�on of the 2022 Excellence in SD Municipal Government Award • SDML Hall of Fame Induc�on – Honoring 20 years and more of municipal service.

Hosted by: BankWest, Inc. Trust Department and The First Na�onal Bank in Sioux Falls Trust Department

9:00 a.m.

SD Building Officials’ Associa�on Presiding: Brett Bill, SDBOA President, Aberdeen 1. Business Mee�ng 2. TBD

1:30 p.m.

9:00 a.m.

SD Governmental Finance Officers’ Associa�on Presiding: Laurie Woodward, SDGFOA President, Custer 1. Business Mee�ng and Elec�on 2. Sales Tax Website and Repor�ng Overview Business Tax Division, Department of Revenue 3. Na�onal GFOA Overview Chris Morrill, Executive Director, GFOA

9:00 a.m.

SD Police Chiefs’ Associa�on Presiding: Jeremy Wellnitz, SDPCA President, Clark 1. Business Mee�ng 2. Presenta�ons • AG Mark Vargo, SD Attorney General’s Office • Alison Ramsdell, Acting SD US Attorney • Rick Miller, SD Highway Patrol • Craig Price, SD Department of Public Safety • Paul Niedringhaus, SD Fusion Center • Kellie Wasko, SD Department of Corrections • Greg Sattizahn, SD Unified Judicial System

SD Chapter, American Public Works Associa�on Presiding: Heath Von Eye, President, SD Chapter APWA 1. SDLTAP 2. CDL Regula�on Updates – How Ci�es/PW Departments are managing the new rules Cities of Sturgis and Aberdeen 3. Floodplain Management – Recent re-mapping efforts and ongoing management prac�ces Cities of Sioux Falls, Aberdeen, Watertown 4. Round Table Discussion – Open for topics or other presenta�on(s) 5. Business Mee�ng 6. Tours of Downtown Watertown Development and New City/Public Works Facili�es • Downtown Mixed-Use Development and Founda�on Plaza • City of Watertown Outdoor Gun Range • Wastewater Treatment Facility Admin Building • Watertown Regional Airport Terminal

1:30 p.m.

General Sessions • Agent Under Fire Victor Avila, Former Special Agent, ICEHomeland Security Investigations • Housing Program Update Lorraine Polak, Executive Director, SD Housing Development Authority • Mock Council Mee�ng: We’re All Under Fire!

Join our expert “Councilmembers” as we explore the absurd side of learning how to govern!

5:30 p.m.

President’s Recep�on (Open to all a�endees)

9:00 a.m.

Visit the Exhibits Wed. | 8 a.m.-4 p.m.

Wed. | Social 5-6 p.m.

Thurs. | 8-11 a.m.

Visit exhibitors throughout the conference to learn about the latest trends, products, and services in a variety of fields. Fill out your exhibitor card for a chance to win one of two $500 gift card prizes!

sdmunicipalleague.org | 1.800.658.3633

29

SDML CONFERENCE

AGENDA (CONT) 6:30 p.m.

Dinner Hosted by: Colliers Securi�es and D.A. Davidson & Co. Comedian Andy Hendrickson

Andy has a conversa�onal delivery that draws on real life experiences based on family, work, and rela�onships. A gi�ed storyteller, he shares hilarious anecdotes about life growing up as the one black sheep in a family, with two Navy Seals and three Ivy League graduates. One of his best rou�nes centers around his older brother who’s an Admiral, Navy Seal and Harvard Business School alumnus. In 2006, Andy was given the opportunity to thank his brother for his service and performed for him, and the troops, in Iraq. In 2011, he returned to Middle East on the Feeding Freedom Tour. Sponsored by Outback, the tour provided music, Andy’s stand-up and home cooked meals for over 40,000 troops on military bases across Afghanistan.

SOUTH DAKOTA MUNICIPAL LEAGUE

ANNUAL CONFERENCE

TOP-LEVEL SPONSORS Premier

Friday, October 7 8:00 a.m.

Registra�on

7:30 a.m.

Breakfast

8:30 a.m.

General Sessions • Cyber Security and Your Municipality Ashley Podhradsky, DSc, Vice President of Research and Economic Development, Dakota State University • Gubernatorial Candidate Forum o Representative Jamie Smith, Democratic Candidate for Governor o Governor Kristie Noem, Republican Candidate for Governor (invited)

10:00 a.m.

SDML Annual Business Mee�ng and Elec�on 1. Audi�ng Commi�ee Report 2. Execu�ve Director’s Report 3. Resolu�ons Commi�ee Report 4. Discussion and Adop�on of 2023 Statement of Policy 5. President’s Report 6. Nomina�ng Commi�ee Report 7. Annual Elec�on of Officers 8. Other Business 9. Door Prizes Must be present to win!

Leader

Conference End ⚓

30

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

Wealth

Federal Grants Available for New Rail Grade Crossing Elimination Program BRETT SEBASTIAN | GORAIL.ORG South Dakota is home to ten freight railroads and nearly 2,000 miles of rail. The trains that operate across these tracks move millions of tons annually connecting agricultural centers, rural communities, and industrial parks across the state. Safety around these economic arteries is especially crucial given the isolated nature of South Dakota’s railroads and intersections with rural roads and highways.

Enter the Federal Railroad Administration (FRA)’s newest funding opportunity, a grant for grade crossing projects to improve the safety and mobility of people and goods. The Grade Crossing Elimination Program was created by the Bipartisan Infrastructure Law (BIL) last year, and more than $573 million will be available for FY22.

The official grant announcement, or Notice of Funding Opportunity (NOFO), was made in June, with applications due Oct. 4, 2022. Apply and learn more at www.railroads.dot.gov.

The program, which over the course of five years will provide $5.5 billion for crossing projects, is intended for state and local applicants including local governments, metropolitan planning organizations, public port

ENGINEERING ■ SURVEYING ■ PLANNING ■ DESIGN

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

authorities, political subdivisions of a state, or federally recognized Indian Tribes.

“I want to emphasize that the Grade Crossing Elimination Program is focused on safety,” said FRA Administrator Amit Bose during a recent FRA listening session on the program. Eligible projects—which are not, as the grant title suggests, limited to just crossing eliminations— include grade separation, track relocation, improvement or installation of protective devices, or other means to improve safety.

FRA representatives also underscored that 3% of the program is dedicated just to planning projects, which should help some communities navigate cost barriers and explore good ideas that lead to future projects.

Other set-asides include for rural and tribal areas, which will receive no less than 20% of funding, and for crossing safety and education programs (0.25%).

While we expect the NOFO for the Grade Crossing Elimination Program to come out this summer, now is the time to start the planning process. Program conditions include a 20% non-federal matching share and that no award is smaller than $1 million except for planning grants. States are also limited to no more than 20% of total funding. Beyond that, projects that have the buy-in of state departments of transportation will likely be more competitive, noted officials.

While education can encourage safer behavior around railroad tracks, the safest grade crossing is one that doesn’t exist or one that is well-protected. The Grade Crossing Elimination Program recognizes the sobering statistic that 95% of rail-related deaths involve a person or vehicle on the tracks—and it will drive safety in communities across the country while also increasing freight mobility and reducing wait times for drivers. ■ Find more information on the Grade Crossing Elimination Program from the FRA at www.railroads.dot.gov. Contact Brett Sebastian at bsebastian@gorail.org to be kept up to date on the Grade Crossing Elimination Program.

sdmunicipalleague.org | 1.800.658.3633

31

CITY HIGHLIGHT

PLATTE - WHERE IT'S POSSIBLE SHAUNA MEYERINK | PLATTE FINANCE OFFICER

Platte offers fantastic opportunities if you are looking to visit or relocate to a picturesque community. Our small south-central community is surrounded by pride and adventure lying just 15 miles east of the Missouri River along Highway 44.

Platte is a friendly, family community with a wide range of recreational opportunities, beautiful scenery, a strong economy, excellent educational and health care systems, with hometown hospitality.

This community has something to offer everyone, both visitors and residents alike. Platte thrives with diverse businesses and unique shopping opportunities. From antiques and consignments, to boutiques and signage. You might be surprised what treasure you could find when experiencing the real hometown shopping and service experience.

Not only does Platte have an energetic, strong local business district, we are also enriched with agricultural industries. Platte is surrounded by magnificent fields of crops and livestock; therefore, we offer state of the art agriculturally based businesses, manufacturing, and services.

ELEVATOR

MISSOURI RIVER

Platte, an outdoor enthusiast’s dream, offers an array of activities year-round. Whether it is hunting and fishing, swimming or golfing, you can find it here. Campfires and fellowship bring friends and family closer together as they enjoy a day at the river or taking part in one of the many retreats. Take a stroll down memory lane at the Melcher Museum, or stop by the historic Lyric Theater for a show. If you are still needing to wear off some energy or looking to host a birthday party, you may consider roller-skating or bowling.

Our outstanding educational system strives to be one of the best with teachers and staff taking great pride in teaching our youth with the support of an involved administration.

Platte’s youth programs have a

POOL

very supportive community rallying behind them in academics, sports, music, and drama.

It takes a village to be a community and Platte offers a vibrant quality of life that is safe and family-friendly, has affordable living, and offers a magnitude of job opportunities. So, whether you are looking to relocate a family, a business or just want to stop and say hi, we WELCOME you to our quaint, friendly community. ■ UPCOMING EVENTS Hay Daze | Sept. 24 Haunted Trail | Oct. 15, 22, 28 & 29 Cowboy Christmas | Nov. 26 Parade of Lights | Dec. 3 Wine Walk | Dec. 7 Kids Christmas Drawing | Dec. 10 & 17

GOLF COURSE

Emerald Ash Borer Confirmed in Brandon PIERRE S.D. – The South Dakota Department of Agriculture and Natural Resources (DANR) Forest Health Team has confirmed the presence of emerald ash borer (EAB) in Brandon, South Dakota. EAB has previously been confirmed in other areas of Minnehaha and Lincoln counties.

“A group of ash trees showing common symptoms of an EAB infestation was discovered by a DANR forest health specialist working in Brandon,” said Marcus Warnke, DANR State Forester. “Upon inspection the presence of EAB larvae and adult exit holes were confirmed in one of the trees.”

The discovery was immediately reported to city officials.

“Brandon has been anticipating the arrival of EAB in the community,” said Bryan Read, Brandon City Administrator. “The infested trees were already marked for removal as part of our program to reduce the ash population.”

CITY HIGHLIGHT

YOUR CITY COULD

BE FEATURED IN 2023!

Email emilie@sdmunicipalleague.org to sign up

DO YOU HAVE CITY N E W S TO S H A R E? Let us know! Email us 250 words about your city’s notable achievement – a project, initiative, award, or individual honor. Include an image if possible.

Got a bigger story to tell? Pitch us your idea!

It could end up as a feature story or even on the cover. emilie@sdmunicipalleague.org

The movement of infested wood, including firewood, is a common way to spread EAB from one community to another. State and local quarantines are in place to help slow the spread, but it is important to remember not to move firewood – Buy it Where you Burn It! The state quarantine, which is in place year-round, prohibits the movement of any raw ash wood, such as logs, or firewood from any hardwood species out of Lincoln, Minnehaha, and Turner counties. In addition, the city of Sioux Falls has banned the movement of ash wood from Memorial Day to Labor Day. This action reduces the movement of EAB within the state quarantine area and is a great recommendation for those outside Sioux Falls city limits.

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

NOMINATIONS OPEN

SDML Hall of Fame Deadline: Sept. 15

The SDML Hall of Fame honors elected and appointed officials and employees who have served municipalities in South Dakota for 20 or more years.

Recipients will be recognized during the Excellence in South Dakota Municipal Government Award Luncheon Oct. 6 in Watertown and in the November issue of the South Dakota Municipalities magazine.

Complete the online nomination form:

www.sdmunicipalleague.org/ halloffame

sdmunicipalleague.org | 1.800.658.3633

33

Supreme Court Preview for Local Government LISA SORONEN | STATE AND LOCAL LEGAL CENTER, WASHINGTON D.C. The U.S. Supreme Court’s 2022-23 term begins as always on the first Monday in October—this year October 3. The local government docket is thinner than usual—so far. The two biggest cases on the docket right now involve whether elections rules may be challenged in state court and whether affirmative action in college admission is unconstitutional. These cases, depending on how they are decided and reasoned, may have some impact on local governments. This article discusses two cases of significant interest to local governments, no matter how they are decided, involving

34

defining wetlands under the Clean Water Act and First Amendment free speech.

include “wetlands” that are “adjacent” to traditional navigable waters and their tributaries.

In Sackett v. EPA* the U.S. Supreme Court will decide the proper test for determining when “wetlands” are “waters of the United States.”

In Rapanos v. United States (2006), Justice Scalia, writing for four Justices, stated that “waters of the United States” extends to “relatively permanent, standing or flowing bodies of water” and to wetlands with a “continuous surface connection” to such permanent waters.

The Clean Water Act (CWA) prohibits any person who lacks a permit from discharging pollutants, including rocks and sand, into “navigable waters,” defined as “waters of the United States.” CWA regulations define “waters of the United States” to

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

For Justice Kennedy, writing alone, if wetlands have a “significant nexus” to navigable waters they are “waters

of the United States.” According to the Ninth Circuit, while the Scalia plurality did not totally reject the concept of a “significant nexus,” it opined that only wetlands with a “physical connection” to traditional navigable waters are “waters of the United States.”

In this case the Sacketts purchased a “soggy residential lot” 300 feet from Idaho’s Priest Lake. To the north of their lot, with a road in between, is a wetland that drains to a tributary that feed into a creek that flows southwest of the Sacketts’ property and empties into Priest Lake.

After obtaining permits from the county the Sacketts began backfilling the property with sand and gravel to create a stable grade. The Environmental Protection Agency issued the Sacketts a “formal administrative compliance order” explaining they were violating the CWA. Before the Ninth Circuit the Sacketts argued that the Scalia opinion controls whether their property contains wetlands.

The Ninth Circuit disagreed. Per the Supreme Court in Marks v. United States (1977) if there aren’t five votes to support one rationale of a Supreme Court case the holding of the case is “the narrowest ground to which a majority of the Justices would assent if forced to choose in almost all cases.” According to the Ninth Circuit the Kennedy concurrence supplied the controlling rule in Rapanos because if forced to the four dissenting Justices would have joined Kennedy’s opinion rather than Scalia’s.

In 303 Creative v. Elenis* the U.S. Supreme will decide whether applying a public- accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.

Over a lengthy dissent, the Tenth Circuit ruled that CADA doesn’t violate 303 Creative’s First Amendment free speech rights.

According to the Tenth Circuit CADA’s “accommodations clause” compels speech and is a content-based restriction on speech. The Tenth Circuit applied strict scrutiny to the “accommodations clause” and concluded it passed.

According to the Tenth Circuit: “Colorado has a compelling interest in protecting both the dignity interests of members of marginalized groups and their material interests in accessing the commercial marketplace.” Likewise, per the Tenth Circuit, the “accommodations clause” is narrowly tailored to Colorado's interest in ensuring “equal access to publicly available goods and services.”

CONCLUSION

It would be unusual if the Court didn’t decide a number of First Amendment cases, a Fourth Amendment case or two, and a handful of cases involving police officers.

Just because these topics, all of keen interest to local governments, aren’t on the docket yet doesn’t mean they won’t be ultimately. The Supreme Court will continue to accept cases to be decide in its 2022-23 term through January. Numerous cases involving local governments are likely to be added. ■ 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 filed an amicus brief.

Lorie Smith owns 303 Creative LLC where she designs websites. She wants to start creating wedding websites, but she doesn’t want to create websites that celebrate same-sex marriages. And she wants to explain on her website that doing so would compromise her Christian beliefs.

Colorado’s Anti-Discrimination Act’s (CADA) “accommodations clause” prohibits public accommodations from refusing to provide services based on sexual orientation. Numerous local governments in multiple states have adopted similar ordinances.

CADA’s “communications clause” prohibits communicating that someone’s patronage is unwelcome because of sexual orientation. sdmunicipalleague.org | 1.800.658.3633

35

COLUMN

SDPA A News LYNN BREN | SDPAA DEPUTY DIRECTOR

Retention Versus Replacements Turnover, while a wonderfully delicious pastry, is not a word that most like to hear in the workplace.

Turnover is natural due to a retiring employee; however, some turnover is sudden and unexpected.

As you all know, the SDPAA experienced turnover recently due to the retirement of Jerry Krambeck, and we are thrilled to be training Becky Brunsing to take on his role with our organization. Jerry planned his retirement and this plan allowed us the opportunity to carefully consider not only how to fill his role, but also to ensure that we were prepared to train that person to conduct the expected duties that Jerry was leaving behind.

As I attended the Finance Officers’ Workshop earlier this year, I was surprised to learn that there were over 30 new finance

officers in attendance. Since that time, I am aware of a handful more municipalities who have experienced turnover in that role.

We are also hearing about turnover in the leadership roles in our county auditor’s and other offices across the state. Unfortunately, the bulk of these departures are not due to long-planned retirements.

are growing at a rate often higher than what our actual budgets can accommodate. This cost also does not account for the lost productivity of the balance of the staff who will take time to get to know the new employee, or who may have hard feelings against due to someone who was passed over in favor of the new hire.

Annie Muller reported in an article posted April 8, 2022, that private sector companies with under one thousand employees will incur expense of over $1,000 to train a new employee. This does not account for the additional costs associated with recruitment nor increased salary and benefit demands (Mueller, 2022).

Muller noted in her article that it can take as much or more than six months for an organization to recover the costs associated with the new hire investment (Muller, 2022).

That cost may not accurately reflect the increased cost of the new employee in a time when salary and employee benefit expectations

Retaining your employees is a much better deal. Studies indicate that it takes more than six months for an organziation to recover the costs associated with a new hire. Photo: iStock.com/pcess609

36

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

While not all turnover can be avoided (I mean, I could not make Jerry work forever, right?), some turnover might be able to be avoided.

The first step to avoiding turnover is to recognize why an employee may be looking to leave their employment with your organization.

The top reasons employees leave their employment include seeking higher compensation, lack of opportunities for advancement, and lack of respect at work (Parker & Horowitz, 2022). Your turnover could be due to a whole host of other reasons, but these top three seem encompassing. Let’s look at how we can avoid turnover due to the top three.

While our organizations may not be able to offer higher compensation, there are other methods of compensating employees that go

beyond money and can go hand in hand with making our employees feel more respected. During exit interviews that I have been involved in, departing employees have indicated that if they felt more valued, they wouldn’t necessarily have been looking to leave, and that the increase in pay was a bonus to a fresh start.

There are a variety of methods for making employees feel more valued. Recognition programs praise employees for going above and beyond - they help to show an employee that they are appreciated for their hard work and dedication. Recognizing accomplishments will also give employees a feeling of value and create loyalty to the organization.

Many groups, such as the SD Governmental Finance Officers Association recognizes outstanding members of their organization each year. It’s amazing how much a small gesture of appreciation or recognition goes!

Organizations which encourage a “train your replacement” strategy create employees who are more easily promoted from within. This will help raise employee morale as they recognize that your entity is committed to retaining loyal employees who seek to embrace all opportunities for learning and advancement, limited though they may be (Indeed).

Organizations that foster strong teams will find themselves the envy of surrounding communities.

People are naturally drawn to strong teams, so rather than finding yourself facing turnover, you may be facing interest in positions which are already filled.

Leadership teams, especially our councils, boards, and commissions, should seek out innovative methods for improving and fostering positive employee morale and work environments. Promoting trainings and educational opportunities, as well as recognizing those employees who are excelling at their positions will increase employee morale and reduce the amount of turnover that organizations face.

staff to be able to take over critical responsibilities enables not only the organization to rebound more quickly from an unexpected resignation or termination, but also allows organizations to run more smoothly when staff is on both planned and sudden absences from work. For these programs to work, everyone involved must respect the process and place the best interest of the organization ahead of their own. Creating and fostering environments of trust and respect will reduce turnover and increase productivity.

As we look at the turnover in key roles across the state, the SDPAA is working with our partners at the SD Municipal League and SD Association of County Commissioners/SD Association of County Officials to create programs which foster a healthy learning environment for those who serve the citizens of South Dakota.

Watch for upcoming information about new programs and opportunities for training available. As always, we encourage Members to seek out the existing training offered through the SDPAA. For those who are not Members, please visit our website at www.sdpaaonline. org. ■ Indeed Editorial Team. (n.d.). Valuing employees: 15 ways to make them feel valued. Indeed Career Guide. Retrieved August 10, 2022, from www.indeed.com/career-advice/career-development/ valued-employees Mueller, A. (2022, April 8). The cost of hiring a new employee.

Investopedia. Retrieved August 10, 2022, from www.investopedia. com/financial-edge/0711/the-cost-of-hiring-a-new-employee.aspx Parker, K., & Menasce Horowitz, J. (2022, March 10). Majority of workers who quit a job in 2021 cite low pay, no opportunities for advancement, feeling disrespected. Pew Research Center. Retrieved August 10, 2022, from www.pewresearch.org/fact-tank/2022/03/09/ majority-of-workers-who-quit-a-job-in-2021-cite-low-pay-noopportunities-for-advancement-feeling-disrespected/#:~:text=A%20 new%20Pew%20Research%20Center,quit%20their%20jobs%20 last%20year.

The internet has a variety of examples and ideas for creating your own unique employee appreciation and assistance programs. Leadership teams which exhibit confidence in their employee teams will likely see a higher level of dedication to the leadership team and the community that these teams serve.

Of course, not all turnover can be avoided, but you can prepare your organization for the process of filling those vacated roles by creating and encouraging “training your replacement” type of policies and programs. Training sdmunicipalleague.org | 1.800.658.3633

37

HOMETOWN HAPPENINGS

Sep tember 01

PRESERVATION THURSDAY: PICTURING SACRED GROUND: LAKOTA MAPS Deadwood

09

02

SEPT 9-10 FAIR IN THE SQUARE Deadwood

10

605 BLACK HILLS CLASSIC Spearfish

1ST FRIDAYS ON MAIN Mitchell

1880 TRAIN WINE EXPRESS Hill City SIDEWALK ARTS FESTIVAL Sioux Falls

LEVITT AT THE FALLS: KORY & THE FIREFLIES Sioux Falls

GERMANFEST Sioux Falls

STUDEBAKER CAR SHOW Custer

SEPT 10-11 QUILT SHOW Hill City

06

TROLLEY ON THE TRAIL Lead

SEPT 10-11 HARVEST FESTIVAL Delmont

08

LEVITT AT THE FALLS: ROANOKE Sioux Falls

11

SUNFLOWER GOLF TOURNEY Groton

SEPT 8- 11 OFF ROAD RALLY Sturgis

38

16

SEPT 16-17 DEADWOOD JAM Deadwood SEPT 16-18 NORTH COUNTRY FIBER FAIR Watertown SEPT 16-18 SOUTH DAKOTA FILM FESTIVAL Aberdeen SEPT 16-18 MICKELSON TRAIL TREK Lead

17

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

STIRLING FAMILY MEMORIAL RANCH RODEO Fort Pierre ST. JOSEPH'S INDIAN SCHOOL POWWOW Chamberlain SEPT 17-18 NESD CELTIC FAIRE AND GAMES Aberdeen

INSECT FESTIVAL McCrory Gardens, Brookings

DAKOTA FIVE-O Spearfish

04

SEPT 12-18 SANFORD INTERNATIONAL GOLF TOURNAMENT Sioux Falls

LEVITT AT THE FALLS: LEE ROCKER OF THE STRAY CATS Sioux Falls

SOUTHERN HILLS TRIATHLON Hot Springs

12

CITYWIDE RUMMAGE SALE Groton

DEADWOOD LIVE: GARY ALLAN Deadwood

LEVITT AT THE FALLS: MAKING MOVIES Sioux Falls

03

LEVITT AT THE FALLS: MAE ESTES Sioux Falls SEPT 9- 10 BLACK HILLS POLKAPALOOZA Hill City

LEVITT AT THE FALLS: PARRANDEROS LATIN COMBO Sioux Falls SEPT 1-5 SOUTH DAKOTA STATE FAIR Huron

TRAVELSOUTHDAKOTA.COM

22

SEPT 22-24 BLACK HILLS PLEIN AIR PAINT-OUT Hill City

23

SEPT 23-24 CRAFT BEER FEST: HOPS AND HOGS Deadwood SEPT 23-25 HORSE NATION INDIAN RELAY RACES TOUR OF CHAMPIONS: CHAMPIONSHIP OF CHAMPIONS Fort Pierre

THE OFFICIAL DIRECTORY OF SOUTH DAKOTA MUNICIPAL OFFICIALS

23

SEPT 23-25 NORTHERN PLAINS INDIAN ART MARKET Sioux Falls

24

HAY DAZE Platte

& Guide to Product and Service Providers

O U T F O R D E L IV E R Y

GREAT DOWNTOWN PUMPKIN FESTIVAL Rapid City CHILI COOK-OFF & SALSA COMPETITION Watertown SEPT 24-25 WHEELIN' TO WALL Wall SEPT 24-25 MENNO PIONEER POWER SHOW Menno

29

SEPT 29-OCT 1 BUFFALO ROUNDUP & ARTS FESTIVAL Custer State Park, Custer

30

SEPT 30-OCT 1 OKTOBERFEST Deadwood SEPT 30-OCT 2 SIOUXPERCON Sioux Falls SEPT 30-OCT 2 BLACK HILLS PHOTO SHOOTOUT Deadwood

/sdmunileague

The 2022 edi�on is on the way! The Directory of South Dakota Municipal Officials is a compendium of useful informa�on and contacts for every city in the state.

The directory also includes a guide to products and services, making it easy to find quality providers for your next project.

$20 each. Order yours today! sdmunicipalleague.org/publications iStock.com/RachaStock

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

The list below reflects updates to the directory received since July 1.

Municipality Brandon Bruce Hermosa Kimball New Effington New Effington Yankton

Delete CM Jack Parliament

CM Joel Reiter BP Zach Fladland T Dakkas Rujuniti FC Brad Moser

Add CM Andrea Diedrich T Brett Thomason CM Dayle Blasius BP Dallas Rikimoto T Jenna Carl FC Tim Linke

Updates will be printed each month in this magazine, or go online to sdmunicipalleague.org for a comprehensive list of updates. sdmunicipalleague.org | 1.800.658.3633

39

COLUMN

Risk-sharing news BRAD WILSON | ADMINISTRATOR, SDML WORKERS' COMPENSATION FUND

How To Report a Work-related Injury Reporting a work-related injury seems like it should be an easy process. It really is easy, but there are a few key things that must be done to ensure that the injury is reported properly.

In the unfortunate event that a work-related injury should occur, there are two very important South Dakota Workers’ Compensation Laws that apply: SDCL 62-7-10 requires "An employee…must notify the employer of the occurrence of the injury…no later than 3 business days after the occurrence."

Also, SDCL 62-6-2 requires “An employer…who has knowledge of an injury that requires medical treatment other than minor first aid… shall file a written report with…the employer’s insurer (SDML Work Comp Fund or claims administrator, Claims Associates) …The report shall be filed within 7 calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury…The report shall be made on a form approved by the Department of Labor.

Any employer who fails to file a report as required by this section…is subject to an administrative fine of $100…”

When an employee reports a work-related injury, it is best to sit down with the injured worker and complete the South Dakota Employer’s First Report of Injury. This form is available online at www.claimsassoc.com, www.sdmlwcfund.com, or the South Dakota Department of Labor website.

40

First, have the injured employee fully complete the Employee/Injury/Treatment section of the form. The employees’ signature is NOT required. If the employee is incapacitated, you can complete the form on behalf of the employee. After the Employee section is complete this will fulfill the injured worker’s obligation to provide notice to you within three business days of the incident.

Next, on the same First Report of Injury form, you should complete the Employer/ Employment Information section, which includes providing the employee’s status, such as Full-Time, Seasonal, or Volunteer, the employee’s hours, wages and occupation, etc.

In this section, please write in the Class Code and Department that the injured employee works in (i.e. 5506 Street Department, 7720 Police Department, etc.). Also include supervisor’s name and phone number. If you have questions about this part, be sure to call Insurance Benefits, Inc. for assistance.

When the First Report of Injury is complete, the SDML Work Comp Fund recommends having the employee sign a Medical Authorization.

This may help to expedite the gathering of medical records and bills from the treating physician/facility. This form is also available at www.claimsassoc.com or www.sdmlwcfund. com. Fax, mail or email both forms to Claims Associates within seven calendar days of receiving notification of the incident, not including Sundays and holidays.

For example, if an employee is injured on Friday, May 28 (the Friday before Memorial Day), and completes their section of the First Report of Injury, then you must complete the First Report of Injury and submit it to Claims Associates no later than Monday, June 7. You are required to keep a copy of the First Report

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

of Injury on file for at least 4 years from the date of injury per SDCL 62-6-1.

As the employer, please be aware that SDCL 62-4-43 allows the injured employee to make the initial selection of their medical practitioner. If the employee desires to change their choice of medical practitioner, the employee must obtain approval in writing from the SDML Work Comp Fund’s claims administrator, Claims Associates, Inc. A common question is what to do when an employee is injured, but does not seek medical treatment?

Remember, SDCL 62-6-2 says “An employer…who has knowledge of an injury that requires medical treatment other than minor first aid… shall file a written report with…the employer’s insurer.”

If the injury is something like a pop, crack, strain or sprain, then the SDML Work Comp Fund recommends submitting a First Report of Injury, especially if the employee makes a point to talk to you about the incident.

If no medical treatment is sought by the employee, simply check the “No Treatment” box on the First Report of Injury. This ensures that the injury is properly reported and documented in the event that the employee seeks medical treatment at a later date. This is also the perfect opportunity to call the Nurse Injury Triage Hotline at 877-899-9112. A nurse will triage the injury and assist the employee with questions about their injury. This is a FREE service to our members.

Reporting an injury does not affect your experience modifier if there is no medical treatment, so there is no penalty for reporting an incident.

If you need assistance or guidance about reporting a work-related injury, feel free to contact the Administrator for the SDML Workers’ Compensation Fund at 800-2339073 or email info@sdmlwcfund.com. ■

Step-by-Step Summary

Report a work-related injury 1

Have the injured worker complete a First Report of Injury and a Medical Authorization.

Both forms are available at www. sdmlwcfund.com or www.claimsassoc. com. This must be done within three business days of the incident. The sooner the better.

2

Have the employee call the Nurse Injury Triage Hotline at 877-899-9112.

Calls are answered M-F between 8am-5pm CDT. If you call after hours please leave a message and a nurse will contact you on the next business day.

3

Complete the Employer/Employment Information section of the First Report of Injury within seven calendar days of being notified. Email, fax, or mail both forms to: Claims Associates, Inc. PO Box 1898 Sioux Falls, SD 57101-1898 Fax: 605-333-9835 Email: claims@claimsassoc.com

4

Keep a copy of the First Report of Injury on file for four years per SDCL 62-6-1.

Information also available at www.sdmlwcfund.com.

Civil Engineers & Land Surveyors www.sayreassociates.com North Marion Road Improvements in Sioux Falls, SD

AMERICAN COUNCIL OF ENGINEERING COMPANIES of South Dakota

5

Top

100% employee-owned

Engineering

FIRM in U.S. (BD+C)

LOCAL EXPERTS IN Street Design Land Surveying Utility Analysis & Design Landscape Architecture Agricultural Engineering Water/Wastewater Treatment

STOCKWELLENGINEERS.COM imegcorp.com

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

|

w Sioux Falls Phone 605.334.4499

wH R G R E E N . C O M

801 N. Phillips Ave., Ste 100 / Sioux Falls, South Dakota / 605.338.6668 201 Walnut Street / Yankton, South Dakota / 605.665.8092

www.acecsd.org Engineering for a better South Dakota since 1956.

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

hdrinc.com

o f S o u t h Da k o t a

Nancy A. Hoines Executive Director ACECofSD@gmail.com PO Box 1075, Pierre, SD 57501

ACECSD.org 605.951.1004

COLUMN

Hometown Power CHRIS HILL | SDML DIRECTOR OF MUNICIPAL ELECTRIC SERVICES The SDMEA is hosting a new event this year and there is still time to register! We’re hosting a sporting clay event on Wednesday, Sept. 21, at Hunter’s Pointe near Humboldt, SD. This event will be another great opportunity to visit with industry representatives as well as networking with our member communities. This event is open to SDMEA member representative employees and elected officials.

Learn more online at www.sdmunicipalleague.org/events.

We hope to see you there!

Public Power week is the first week of October which means this year it is Oct. 2-8. This week is an opportunity to celebrate public power and engage with our citizens regarding the benefits of South Dakota Public Power.

As members of American Public Power Association, you have access to resources on the website that you can use to spread the word of public power in your community.

Remember, only 35 of the 309 municipalities in South Dakota are Public Power communities. If you have any questions or would like help creating materials, you can reach out to me, and I will help you with your handouts or social media posts. If you have social media, make sure to use #publicpowerweek to reference the positives in your community.

Public Power Week also coincides with the annual South Dakota Municipal League Conference, which will be held Oct. 4-7 in Watertown. The conference will kick off with the golf tournament on Tuesday, Oct. 4. The SDMEA annual business meeting will be held on Thursday, Oct. 6 at 9 a.m.

Reminder, it is not too late to sign up for the sporting clay event. This event is for our members and we need member involvement to make the event a success. I look forward to hearing from you soon and seeing you Sept. 21! ■

SD Municipal electric Association

Sporting Clay Shoot Sept. 21, 10 a.m.-12 p.m.

Hunters Pointe, Humboldt, SD

South Dakota Municipal Electric Association

ANNUAL BUSINESS MEETING Thursday, Oct. 6 | 9 a.m.-12 p.m.

Watertown Event Center Presiding: Russell Halgerson, SDMEA President, Brookings Municipal Utilities SDML President Steve Allender will present a certificate of appreciation to the affiliate president at some point during the meeting.

SDMEA Update Chris Hill, Director of Electrical Services Missouri River Energy Services Update Deb Birgen, Director of Legislative & Government Relations Heartland Energy Update Kelly Dybdahl, Director of Customer Service BREAK Western Area Power Administration Update Tracy Thorne, Field Representative Impacts of Electric Vehicles Chris Nordquist, DGR Engineering Business Meeting and Election • Approve Minutes of Last Meeting • Approve Financial Statement • Approve Dues Resolution and Revised Affiliate Agreement • Discuss Affiliate Net Asset Policy • Election of Officers • Other Business ADJORN

Register at sdmuniciaplleague.org/events

44

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

Agenda subject to change

CAT 150 AWD MOTOR GRADER JOYSTICK CONTROLS

CAT 140 MOTOR GRADER

STEERING WHEEL / LEVERS

OPERATE THE WAY YOU WANT

Get a new Cat® motor grader with either joystick controls or steering wheel and lever controls. Both options will give you the comfort, efficiency, dependability and technology you’ve come to expect from Cat.

BUTLERMACHINERY.COM

COLUMN

WASHINGTON REPORT

U.S. REPRESENTATIVE DUSTY JOHNSON

Jobs and Economy We are all seeing and feeling the impact of inflation. I asked my constituents if they are paying higher prices at the grocery store, restaurants, and department stores.

Thousands of people responded to the survey, and the results were clear— 94% of participants said they are paying more for food and goods.

Our economy has been giving us mixed signals.

Our unemployment rate has returned to pre-pandemic levels, but the U.S. Chamber of Commerce reports our economy has 11 million job openings but only six million unemployed workers to fill those spots. Compared to February 2020, more than three million fewer Americans are participating in the labor force today.

Our GDP has decreased for the second quarter in a row, indicating a recession, while inflation continues to rise to its highest level in decades. The economy is hot, but it’s also

not. The Federal Reserve announced that it is raising interest rates—by .75 percent for the second month in a row—to try to slow down growth. But our GDP is showing that growth is slowing.

We need to get people back to work to meet the demand as it continues to outpace supply.

Increasing the efficiency of our supply chain by filling the truck driver shortage, shipping imports and exports in a timely manner, increasing processing capacity for new and small meat packers, increasing the use of biofuels and domestic oil and gas production are huge components to combatting the rise of inflation and its impacts on consumers.

I’ve introduced and supported legislation that offer solutions for each of those components.

My bills—the Ocean Shipping Reform Act and Butcher Block Act—along with year-round E15 and increasing access to Entry-Level Driver Training (ELDT) for new truck drivers will streamline our supply chain and increase supply. Tackling inflation is an all-hands-ondeck issue. While these policies are certainly not a silver bullet, implementing realistic solutions like these will certainly help. ■

South Dakota Receives Presidential Disaster Declaration For June Storm PIERRE, S.D. – South Dakota has received a Presidential Disaster Declaration that allows the Federal Emergency Management Agency (FEMA) to help South Dakota local governments in six counties statewide recover from public infrastructure damage sustained as a result of a tornado, severe storms, straight-line winds, flooding, and hail that occurred June 11-14, 2022.

46

Public infrastructure damage assistance will be provided to the counties of Butte, Haakon, Jackson, Jones, McPherson, and Spink. A preliminary damage assessment conducted

by FEMA in early July indicated more than $1.6 million in storm damage was done to public infrastructure in those counties. ■

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

JOB OPPORTUNITIES 911 DISPATCHER/TELECOMMUNICATOR - CITY OF VERMILLION, SD. The Emergency Communications Department is accepting applications for a full-time Dispatcher/Telecommunicator.

Processes incoming calls from the public on emergency and nonemergency telephone lines; pages emergency response units, and makes response decisions regarding law enforcement, fire, and emergency medical services; handles walk-in requests for services; and operates computer terminals, enters and maintains records through computer aided dispatch programming, and monitors the jail camera system. $19.47/hour plus differential pay opportunities.

For an application and full job description visit: www.vermillion.us/ Jobs. Open until filled.

ASSISTANT CITY ADMINISTRATOR/EDA DEVELOPMENT DIRECTOR - CITY OF WINDOM, MN. Responsible for administrative and professional work promoting, facilitating, and coordinating development activities for the city and performs related duties as required. Assists in directing the activities of the City departments to include overseeing the development and administration of policies, procedures, programs, goals and objectives, and presents them to the City Administrator as necessary. Salary: $77,126 to $96,408 annually plus benefits and is negotiable depending on experience and qualifications. Application materials and full description available www.windom-mn.com. Submit applications and resume on the website or mail to: City of Windom, PO Box 38, Windom, MN 56101.

Open until filled.

ASSISTANT FINANCE OFFICER - CITY OF DELL RAPIDS, SD. Full-Time. Administers all utility billing functions and processes and provides backup to the Finance Officer. Gathering and entering customer information and changes, processing service orders, gathering and downloading meter-reading information, processing late notices and shut-off notices, all invoicing, assist in processing accounts receivable and payable, preparing payroll, and handling customer inquiries. Front-facing public position; handles resident and customer questions and complaints. Application and job description online at www.cityofdellrapids.org. Direct questions to Justin Weiland, City Administrator, at 428-3595 or cityadmin@ cityofdellrapids.com. Applicants must submit completed application, resume, and cover letter with three professional references. Open until filled.

BALER/HEAVY EQUIPMENT OPERATOR - CITY OF PIERRE, SD. Responsible for operating equipment at the baling facility, material recovery site, and landfill to bale and dispose of solid waste. Hours involve varying shifts during the week and work on some weekends and holidays. Must possess or have the ability to obtain a SD Class A commercial driver’s license with air brakes and tanker endorsements. Experience with operating a front-end loader, compactor, scarab, dozer and scraper and driving a semi-tractor and trailer desirable. Salary: $21.51 minimum plus comprehensive benefit package. UP TO A $3,000 HIRING BONUS! Open until filled.

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

sdmunicipalleague.org | 1.800.658.3633

47

CLASSIFIEDS CERTIFIED POLICE CHIEF – CITY OF VIBORG, SD. Responsible for scheduling, directing, and supervising the work of the Police Department as well as recommending and assisting in the development of ordinances regarding public safety. Plans and directs the maintenance of law and order, the protection of life and property, the regulation of traffic, and assists in the preparation and administration of the department budget. Applications available through Viborg City Hall at (605) 326-5103 or www.viborgsd.org.

Application, resume and references can be mailed to P.O. Box 56, Viborg, SD 57070; emailed to the cityofviborg@hcinet.net; or delivered to 110 North Main Street, Viborg. Salary dependent on experience and qualifications. Open until filled. EOE. CITY MANAGER – CITY OF ASTORIA, OR. The City of Astoria, Oregon is seeking an experienced City Manager to lead the oldest American settlement west of the Rockies. The City enjoys a reputation as being well-managed with an excellent working relationship between Council and staff. If you are looking for a friendly community with a great quality of life, a stable Council-Manager form of government, and a City with solid financial reserves, this may be the right opportunity. GMP Consultants is assisting the City of Astoria with this search. Visit gmphr.com to view a position profile and how to apply. First Review: Aug. 28, 2022.

CITY MANAGER - CITY OF LIVINGSTON, MT. The City of Livingston is seeking an energetic and engaged leader to lead the organization as City Manager. This is an opportunity to work with an experienced and dynamic leadership team, a highly engaged citizenry, and a committed City Commission. Only 30 miles outside of Bozeman, this rocky-mountain community is large enough to be a full-service city, but small enough to be a close-knit community. GMP Consultants is assisting the City of Livingston with this search. Visit gmphr.com

Industry Leader In Public Entity Software Serving

South Dakota LOCAL GOVERNMENTS,

and Sewer & Water Districts FOR OVER 30 YEARS

Online Support Onsite Training Data Conversions User Defined Reports Customized State Reports New Enhanced Features Online Updates Cloud Computing Options

for full details and how to apply. First Review: September 11, 2022.

Open until filled.

COMMUNICATIONS COORDINATOR - BROOKINGS MUNICIPAL UTILITIES, CITY OF BROOKINGS, SD. Brookings Municipal Utilities is actively seeking candidates for a Communications Coordinator.

This position will be responsible for the development of significant internal and external communications to aid in the awareness of the advantages, services, and benefits provided by BMU and our commitment to the community and to our employees. This is a full-time, exempt position. Salary Range is $4,022-$5,364/month.

Learn more at https://swiftel-bmu.applicantstack.com/x/openings.

Open until filled.

COMMUNICATIONS OFFICER – CITY OF PIERRE, SD. Work as part of a team operating the Central South Dakota Communications Center, the 911-Emergency Dispatch Center for central South Dakota. Receive calls for assistance from the public, document and dispatch appropriate public safety personnel for those calls.

Receive, process, and send radio communications for various law enforcement agencies, emergency medical services, and local Fire Departments. 40 hours per week - shift work. Salary: $19.49 minimum plus comprehensive benefit package. Open until filled.

Apply: Human Resources Office, City of Pierre, Box 125, Pierre, SD 57501, Phone (605) 773-7429 or www.cityofpierre.org. EOE. CURBSIDE RECYCLING COLLECTOR,- CITY OF VERMILLION, SD. Join the Spirit of South Dakota! The Solid Waste Department is accepting applications for a full-time Curbside Recycling Collector.

Duties to include: Operate equipment (1-ton pick-up, hydraulic trailer, bobcat, forklift, etc.) for the purpose of collection and processing recyclable material; drive to residential homes and businesses to

Fund Accounting Utility Billing - Payroll Permits - Inspections Management Cemetery Management Code Enforcement / Violations Point of Sale - Meter Device AMR or AMI Interfaces Utility eBills - Fixed Asset - Direct ACH Deposit Online Payments - Pet Licensing - Payroll Email Notice Direct ACH Payments - Secure Vault Data Backup Service Orders - Federal & State Reporting

Call (800} 658-3633

CLASSIFIEDS collect curbside recycling materials and sort materials collected; provide materials sorting and quality control inspection, site maintenance and cooperative work responsibilities with the full solid waste system. Other duties as assigned. Applicant must be able to pass a physical job function test. Wage: $17.56 per hour. Apply or view full job description at https://www.vermillion.us/Jobs.aspx.

DEPUTY FINANCE OFFICER - CITY OF VERMILLION, SD. The City Finance Office provides financial support to the entire organization in accordance with GAAP, GASB regulations, state laws, and administrative policies established by the City Council.

Position reports to the Finance Officer and assists in preparing and analyzing financial statements using accounting software for all City funds. The Deputy also assists the Finance Office Manager in reviewing and processing financial records and reports and other related work as required. For a full job description, or those interested in applying, visit www.vermillion.us/Jobs.aspx. Open until filled.

DEPUTY FINANCE OFFICER/GRANT ADMINISTRATOR - CITY OF MADISON, SD. Responsible for performing advanced level accounting, assists with annual report and audits, coordinating grant applications and tracking with departments, bank reconciliations, and compliance for the city’s financial needs. Work with the Finance Officer, departments, have oversight of employees in absence of the Finance Officer and coordinate and train employees on Tyler Software. Prepare, input and coordinate month end entries in compliance with GASB accounting standards and assist in preparation of department budgets. Track and maintain vehicle registrations and renewals for the city and provide backup to payroll (if needed). Full description at www.cityofmadisonsd.com. Open until filled. EOE.

LOCAL Connections National EXPERTISE IMEG is the leading U.S.-based design engineering firm delivering that rare combination – the broad expertise of a national leader with the personal relationships and deep collaboration of a local firm.

imegcorp.com

DISTRIBUTION & COLLECTION OPERATOR I - CITY OF MADISON, SD. Responsible for participating in the operation, installation, maintenance, and repair of the wastewater collection and water distribution system. Flushes hydrants, resolves complaints, collects water samples, as well as cleans and replaces sewer manholes. Knowledge of utility meter and maintenance, area streets and roads, and ability to operate digital platforms is required. Skill in problem solving and oral and written communication is also required.

Requires occasional lifting/moving of 100lbs+ and can be called in outside of normal working hours as needed or by emergency. Full description at www.cityofmadisonsd.com. Open until filled. EOE. EDA DEVELOPMENT DIRECTOR - CITY OF WINDOM, MN. Responsible for administrative and professional work promoting, facilitating, and coordinating development activities for the City.

Windom's current major projects include marketing/development of a new residential subdivision, retention and expansion of retail and administration of TIF districts. Salary: $73,486 to $91,873 annually plus benefits depending on experience. Application materials and full description available www.windom-mn.com. Submit applications and resume on the website or mail to: City of Windom, PO Box 38, Windom, MN 56101. Open until filled.

FINANCE OFFICER – CITY OF HERMOSA, SD. Responsible for fiscal management of Town funds including financial report and budget, insurance administration, elections, budgets, equalization, ordinance, and resolutions. Interested candidates should be a college graduate with a degree in accounting, finance, business, or public administration, or a closely related field; and/or five years progressively responsible accounting work or equivalent combination of experience, education and training. Prior experience in municipal government preferred. Full job description at www.hermosasd.com.

Salary depends on experience. Open until filled. EOE.

Scan the code to learn more.

CLASSIFIEDS FINANCE OFFICER – CITY OF LAKE NORDEN, SD. 40-hour week with posted finance office hours of 8 a.m. to 5 p.m. (closed for lunch 1 hour). Monthly salary; wage depends on experience. Benefit package includes: South Dakota retirement plan, employee health insurance, employee life, dental insurance, 9 paid holidays, vacation and sick leave (upon completion of 1 year of service). Open until filled. More info/application: Call 605.785.3602, email cityln@itctel. com or online at lakenorden.govoffice.com. EOE.

82633, 307-358-3462, or visit our website. Applications accepted immediately; initial review begins Oct. 1, 2022.

IT SYSTEMS SPECIALIST – CITY OF VERMILLION, SD. Join the Spirit of South Dakota! The City of Vermillion is accepting applications for an IT Systems Specialist. This position reports to the Finance Officer and is responsible for providing technical leadership and planning to City staff while providing input into the day-to-day operations of each department. Wage: $50,000 - $60,000 DOQ. To learn more about the IT Systems Specialist position and to complete an application please visit www.vermillion.us/Jobs.aspx.

FLEET MECHANIC/SERVICE TECHNICIAN - CITY OF VERMILLION, SD. The Street Department is accepting applications for a full-time Fleet Mechanic/Service Technician. Performs skilled work in the maintenance and repair of light and heavy-duty municipally owned automotive machinery and equipment. Also performs general labor and operates equipment for the maintenance and preservation of streets, alleys, public roadways, and other public property. Requires 24-hour emergency call out/on call scheduling availability. Wages: $18.73 - 21.95 DOQ. For an application and full job description visit: www.vermillion.us/Jobs. Open until filled.

MaintenancE SUPERVISOR - CITY OF MONTROSE, SD. Water/ wastewater/streets/pool/rubble site: Work areas include, but are not limited to water/wastewater, sewer, streets, snow removal, landfill, and swimming pool. Must possess or be able to obtain Class I Water Distribution and Class I Wastewater Collection certificate within one year. Knowledge with all types of equipment desired. Benefits include: vacation, sick leave, paid holidays. Wage DOE. Open until filled. Applications are available at the City Finance Office or online at cityofmontrosesd.com. Completed applications can be submitted to the Finance Office or email to montrose@goldenwest.net.

INFORMATION TECHNOLOGY TECHNICIAN - CITY OF DOUGLAS, WY. Seeking a responsible individual to perform a variety of duties for coordinating the city's information and communication systems. Considerable knowledge of modern and complex principles and practices of data processing and computer science is required.

Wage dependent on experience; minimum starting wage $27.29 per hour, plus excellent benefit package. Visit www.cityofdouglas. org/188/Human-Resources for full recruitment profile. Applications may be obtained at the City of Douglas Administrative Services Department at 101 N. 4th Street, P.O. Box 1030, Douglas, WY

Community Vitality

PATROL OFFICER - CITY OF PIERRE, SD. Performs law enforcement and public safety duties as necessary to maintain law and order in the City of Pierre. Must be at least 21 years of age, have a high school diploma or GED, and pass the police entry level examinations including a background investigation. Prior experience in law enforcement is desirable. Certified officer preferred. Wage: $23.75 minimum plus comprehensive benefit package. Apply:

Building Highly Effective Boards

Introducing South Dakota’s most comprehensive and current course for board teams. Whether your need is fundraising, legal concepts or finding new board members – pick one or more of the seven offered sessions that can be delivered online or in person.

Contact a Community Vitality team member to learn more and set up your date(s) today!

• • • • • • •

Board Fundamentals: Roles and Effective Meetings First Class Group Dynamics – Trust, Ethics and Conflict Compelling Storytelling and Mission-Driven Fundraising Technically Speaking: Understanding Procedure and Legal Fundamentals Core Financial Concepts for Nonprofit Boards Finding, Engaging and Strengthening Board Members Strategic Planning for Boards

Contact Kari O'Neill at kari.oneill@sdstate.edu for more information.

50

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

CLASSIFIEDS Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, (605)773-7429, www.cityofpierre.org. Open until filled. EOE. POLICE CHIEF – CITY OF KIMBALL, SD. Qualified applicant must be 21 years of age, have a high school diploma or GED and be certified or be able to be certified through the South Dakota Law Enforcement Training Center within one year of hiring. Must be highly motivated with a great work ethic. Responsibilities include managing the operations of the police department, including record keeping activities, and patrolling the city of Kimball. Salary is $40,000-$50,000 depending on training and experience plus benefits. For further details and application requirements, email kimballcityadministrator@midstatesd.net. Phone 605-682-1268.

Open until filled.

POLICE CHIEF – CITY OF MILLER, SD. Full coverage health, dental, vision and life insurance for employee. South Dakota Retirement, vacation, sick and 14 paid holidays. Certified officer with management experience preferred. For job description and application please contact Miller City Finance Office at (605) 8532705 or finance.office@cityofmiller.com, or visit www.cityofmiller. com. Please submit cover letter, resume and references to City of Miller, 120 W 2nd St., Miller, SD, 57362, or scan them to the email above. Salary DOE. Open until filled. EOE. POLICE OFFICER – CITY OF GROTON, SD. Responsible for performing routine and professional law enforcement work in a variety of police department activities, while under the direct supervision of the Chief of Police and the city council. Application and job description may be found at www.city.grotonsd.gov/jobs. html. For more information, call 605-397-8422. EOE. 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. Fulltime position; requires residency to meet a 30-minute response time.

High school diploma or GED certificate, possession of a valid SD driver’s license with an insurable driving history, Law Enforcement Officers Standards and Training Commission Certificate or ability to obtain within one year from hiring date. Preference given to candidates with certification. Availability to work all shifts, weekends and holidays. Starting wage: $26.07 - $31.76 per hour. Competitive benefit package. Complete online application at www.cityofspearfish. com. Open until filled. EOE. POLICE OFFICER – CITY OF VERMILLION, SD. The Vermillion Police Department is accepting applications for a full-time Patrol Officer. Duties to include: performing varied assignments in motorized patrol, traffic 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 certification and education (Lateral entry officers can be placed in a higher step depending on experience and qualifications). To download a full job description and application, please visit the City's website: https:// www.vermillion.us. Open until filled.

POLICE OFFICER - CITY OF WEBSTER, SD. Perform law enforcement and public safety duties to maintain law and order in the city. Applicants must meet certain eligibility requirements. Fulltime position, salary DOE and benefit package. Submit resume, request application from City Finance Office or obtain an application online at www.webstersd.com. Open until filled. EOE. PUBLIC WORKS ASSISTANT - CITY OF HARTFORD, SD. Full-time position that will assist in all phases of maintaining the

City’s streets, water distribution system and wastewater treatment system. This individual will also assist with the maintenance of all public building and open spaces, including the city pool and parks.

Preference will be given to applicants with water or wastewater certification. Applications will be accepted until the position has been filled. An application form and complete job description are available at City Hall, 125 N Main Ave or online at hartfordsd.us. EOE. PUBLIC WORKS DIRECTOR - CITY OF DEADWOOD, SD. Supervision and day-to-day operation of the Streets, Water and Parks departments. Prepare and oversee the annual budget for all departments listed above. Prepare major construction projects for commission approval. Coordinate with Chamber of Commerce on special events. Acts as cemetery sexton for Oakridge Cemetery.

Works under the general supervision of the City Commission. Fulltime position with full benefits. Wage depends on experience. For information, call Kevin Kuchenbecker at (605) 578-2082. Application and full description available at www.cityofdeadwood.com/jobs or at Deadwood City Hall, 102 Sherman Street, Deadwood, SD. Submit application with resume and cover letter. Open until filled. EOE. PUBLIC WORKS EMPLOYEE - CITY OF MILLER, SD. Responsible to assist in all phases of operation and maintenance of the city’s streets, water system, wastewater system, electric department, parks and public buildings. Requires a background check and drug testing. The City of Miller offers an excellent benefits package. Salary DOQ. Position opened until filled. Application and job description can be picked up at City Hall or online at www.cityofmiller.com and returned to 120 W 2nd Street or by email to finance.office@ cityofmiller.com. EOE. PUBLIC WORKS MAINTENANCE – CITY OF GEDDES, SD. Assist with snow removal operations of municipality during inclement weather. Maintenance of City facilities, City parks, City roadways, and other City infrastructure (janitorial duties, road repair, mowing, and additional maintenance duties). Assist with repairs and maintenance of City equipment such as cleaning, greasing, fueling, oil changes, and other vehicle maintenance. Interact with various City elected officials on maintenance issues. Other duties as assigned by management. Contact the City Finance Office on Monday, Wednesday, and Friday at 605.337.9632. Open until filled.

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 beneficial. 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. Wage offer will be based upon actual education and experience. Comprehensive benefit package. UP TO A $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 filled. 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. 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 finding ways to reduce demand costs. Full job description and apply at cityofmadisonsd.com/Jobs. EOE.

sdmunicipalleague.org | 1.800.658.3633

51

CLASSIFIEDS WASTEWATER TREATMENT PLANT OPERATOR – CITY OF PIERRE, SD. High degree of responsibility for assisting in the operations and maintenance of the wastewater treatment plant and lift stations. Monitors the treatment process and performance of related equipment and makes necessary adjustments as indicated by current conditions. Preventive maintenance and repairs are executed on various pumps, blowers, chemical feeders, valves, piping and other equipment used to treat wastewater. $20.48 minimum plus benefit package. Up to $2000 annually for educational reimbursement. Applications: Human Resources Office, City of Pierre, PO Box 1253, Pierre, SD 57501, Phone (605) 773-7429, www.cityofpierre.org. Open until filled. 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 Certification 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, and repair of water and sewer lines and mains would be beneficial. $20.48 minimum plus comprehensive benefit package. Wage offer will be based upon actual education and experience. UP TO A $3,000 HIRING BONUS! Appy: City of Pierre Human Resources Director, P.O. Box 1253, Pierre SD 57501, (605) 773-7429, www.cityofpierre. org. Open until filled. EOE. ■

MORE ONLINE

CORRECTION August 2022 issue, page 26 “Overview of Municipal Government in South Dakota” Aberdeen should have been included as using the Aldermanic Form with a City Manager, 1 of 5 municipalities in the state that does so.

Vermillion should have been listed as a community with a Home Rule Charter, 1 of 11 municipalities in the state using that form.

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

SDmunicipalleague.org/classifieds OUT OF THE

OFFICE

SEPT 5 Labor Day

The SDML office will be closed

AMERICA'S CODIFICATION EXPERTS American Legal Publishing has been America's codification services leader for more than 80 years with a reputation for providing exceptional value, quality, and support.

Employee-owned, with more attorneys on staff than any other code service, our team provides ordinance codification, legal reviews, supplementation, and mobilefriendly online code and meeting minutes solutions to municipalities of all sizes.

www.AmLegal.com Codification Consultant Ross Heupel Email RHeupel@amlegal.com

52

Phone (513) 720-7805

SERVING MORE THAN 60 SOUTH DAKOTA CLIENTS

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

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

SEP TEMBER S M 4 5 11 12 18 19 25 26

Sept 2022 T W T 1 6 7 8 13 14 15 20 21 22 27 28 29

F 2 9 16 23 30

S 3 10 17 24

On or before September 1 – The finance officer must report annually to the governing body an estimate of the expenses of the municipality and likewise the revenue necessary to be raised for the current year in budget form similar to that recommended by the municipal accounting manual as provided in SDCL 4-11-6. (SDCL 9-2223; See Hdbk., sec. 12.065)

Before September 2 – If the number of on-sale and off-sale liquor licenses is not fixed by ordinance, the governing body may determine by resolution the number of on-sale and off-sale liquor licenses and the fees to be charged for each. (SDCL 35-4-11; See Hdbk., sec.

11.205) First Monday of September – Labor Day – State holiday (SDCL 1-5-1) At the first regular meeting in September, or within ten days thereafter – The annual appropriation ordinance for the ensuing year must be introduced. (SDCL 9-21-2; See Hdbk., sec. 12.066) On or before October 1 – The governing board of any municipality may, on or before the first of October preceding the annual municipal election, approve an ordinance requiring a runoff election as found in SDCL 9-13-27.1 and SDCL 9-13-26.1 (SDCL 9-13-25; See Hdbk., sec. 7.600)

On or before October 1 – Immediately upon passage and publication of the annual appropriation ordinance, the auditor or clerk must certify the tax levies contained therein to the county auditor on or before October first in the following form: For general purposes_________ For interest and debt service fund___ (SDCL 9-21-20 and SDCL 10-12-7; See Hdbk., sec. 12.066) Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172) ■

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

OCTOBER Oct 2022 S M T W T 2 9 16 23 30

F

3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31

S 1 8 15 22 29

application forms to all licensees to be completed and submitted to the local authorities for initial action at the first regular meeting of the governing body in November. (NOTE: This is an administrative determination, so no statutory citation is possible.)

Second Monday of October – Native Americans’ Day – State holiday (SDCL 1-5-1)

By October 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))

On or before October 1 – The tax levies for the ensuing year must be certified to the county auditor. (SDCL 10-12-7; See Hdbk. Sec. 12.066)

No later than November 1 – The special assessment roll for all assessments payable under the Plan One option must be delivered to the county auditor. (SDCL 9-43-105; See Hdbk., sec. 12.160)

In October – The State Department of Revenue mails out liquor license

No later than November 1 – Delinquent special assessment installments which

are payable under the Plan Two option must be certified to the county auditor.

(SDCL 9-43-106; See Hdbk., sec.

12.160) No later than second Tuesday in November – Governing boards wishing to consolidate boards of equalization must approve a resolution outlining consolidated board membership no later than the second Tuesday in November.

(SDCL 10-11-66; See Hdbk., sec. 12.120) Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172) ■

ALIGNED VISIONS. SUSTAINABLE PROJECTS. A BETTER WORLD.

SOLVING YOUR MOST COMPLEX CHALLENGES. With SEH, you are a true partner and collaborator.

Engineers | Architects

|

Planners | Scientists

800.325.2055 | sehinc.com/subscribe

54

S O U T H D A K O TA M U N I C I PA L I T I E S | S e p t . 2 0 2 2

The Exclusive Distributor in South Dakota

Your Complete Recreation Resource!

Consultation • Design • Municipal-Grade Recreation Equipment • Installation • Service

877-896-8442

|

crs4rec.com

SDML | 208 Island Drive Ft. Pierre, SD 57532

Periodical