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PRESIDENT
Amy Leon City Manager, Yankton
1st VICE PRESIDENT Harry Weller Mayor, Kadoka
2nd VICE PRESIDENT
Carolynn Anderson Finance Officer, Wall
TRUSTEES
Fay Bueno Finance Officer, Sturgis
David Barranco Councilmember, Sioux Falls
Lance Lehmann
Councilmember, Rapid City
Dawn Murphy Finance Officer, Tea
Leland Treichel Mayor, Roscoe
PAST PRESIDENT
Debbra Houseman City Administrator, Wagner
DISTRICT CHAIRS
Dist. 1 | Mike Grosek
Mayor, Webster
Dist. 2 | Paullyn Carey Finance Director, Huron
Dist. 3 | Derick Wenck
Mayor, Harrisburg
Dist. 4 | Chandra Phillips Finance Officer, Winner
Dist. 5 | Renae Phinney Board President, Ree Heights
Dist. 6 | Rick Boschee Mayor, Bowdle
Dist. 7 | Gary Weismantel
Mayor, Herreid
Dist. 8 | Brittany Smith City Administrator, Philip
Dist. 9 | Laurie Woodward Finance Officer, Custer
Dist. 10 | Michelle DeNeui Finance Officer, Spearfish
LEAGUE STAFF
David Reiss Executive Director
Sara Rankin Director of Research and Training
Emilie Miller Director of Marketing and Communications
Lisa Nold Director of Risk Sharing Services
Lori Butler Director of Finance
Jackie Lopour Accounting Assistant
Vacant Director of Municipal Electric Services
Mindy Sargent Office Manager
SD Public Assurance Alliance
Lynn Bren Executive Director
Kristina Peterson Deputy Director
Becky Brunsing Member Services Representative
Jerry Krambeck Member Services Representative
Paytra Nichols Underwriter
SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-2248654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota, and additional mailing offices. Non-member subscriptions are available for $30 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League.
DAVID REISS | SDML EXECUTIVE DIRECTOR
By now, you may have realized that I appreciate a good presidential quote. I am going to throw one of my favorites out there for you. This statement was impressive to me when it was stated, and its lesson remains a guiding tenant of my professional career.
President George W. Bush once stated “Civility is not a tactic or a sentiment. It is the determined choice of trust over cynicism, of community over chaos.”
Municipal employees and elected leaders face difficult issues in their roles every day, and in turn we also face criticism from members of the public.
I visit with municipal leaders and staff daily about the complexities of issues facing cities, and one of the most prominent concerns I hear about is struggles in communication both with citizens and others within municipal government. Being a public servant, either elected or appointed, is a difficult endeavor and our work impacts the lives of our neighbors, coworkers, and community citizens on a daily basis. From public meetings to the posting of information, our work is conducted in the open and ownership of our work is held in-common by our municipal citizens which purposefully creates opportunities for public engagement and criticism.
Public servants are held to a strict standard of conduct and public expectations for our work and responsiveness are extremely high. Even with the best of intentions and efforts employed, we face situations regularly that test our emotions
and involve significant debate. Municipal leaders often face situations where poise and grace are the greatest tools wielded when dealing with challenging situations. We are often sounding boards for the public and their thoughts on city works, and it is imperative that we support our municipal employees and elected officials with knowledge and concepts to address the topic of public engagement.
I often hear that city council meetings are more contentious than they used to be and that it is becoming more challenging by the day to conduct municipal meetings when decorum and respect are wanting. It is imperative to provide municipal officials with a forum to discuss these challenges and equip city leaders and staff with strategies and knowledge about how to develop trust and sense of community through our public involvement processes.
During this year’s annual conference, Matt Lehrman, our Thursday general session speaker, will offer guidance on how to develop consensus from conflict. I am excited to learn from Mr. Lehrman and delve fully into the topic of civility in local government. The annual conference is full of opportunities to learn, get involved in the Municipal League, and build relationships and peer resources for the work you do for your community. Myself and the League staff are very excited to see you Oct. 4-6 for the SDML Annual Conference in Rapid City.
Please remember, we are always available to you as a resource for your communities and I urge you to contact us if you have municipal issues or questions at 1-800-658-3633 or via email at david@sdmunicipalleague.org. ■
The South Dakota Municipal League’s annual conference is just around the corner and it is time to register! This year’s conference is packed with great speakers, training, and social opportunities.
You don’t want to miss Matt Lehrman who is a nationally known speaker dealing with topics like community engagement, conflict resolution, and civility. Mr. Lehrman’s talks are interactive and offer thoughtful ways we can serve our citizens (even the difficult ones) with respect and generosity. Mr. Lehrman also offers insight on how we can build our teams and organization when we welcome newly elected officials because they may not share the same perspectives or approach the community has taken in the past. His talk alone will make it worth the trip out west.
One of my favorite parts of the fall conference is time with my affiliate organization – the South Dakota City Managers. Each affiliate offers training or a speaker specific to the current changes and challenges in our respective fields. From personal experience I can’t tell you enough how restorative it can be to share stories and seek advice from other professionals across the state that know exactly what you are experiencing. If you have gone through any burnout over the last year, I guarantee that your peers can help lift you up and reinvigorate you to get back in there to do what is best for your community.
In addition, a lot can be learned from visiting with our conference sponsors and spending some time in the exhibit hall. Understanding new products available that can make our employees more efficient and getting to know who the contractors are in our state and their specialties can help us make decisions on capital improvement projects. Plus, visiting the vendors always comes with the possibility of winning a prize.
On Thursday following our annual banquet, the SDML is excited to welcome String Showdown! String Showdown is a dueling musical show featuring a variety of stringed instruments and laughs that will get you on your feet and maybe even up on stage! Loosen up your golden pipes in the hospitality room and get ready to sing to rock and roll and country hits from across the decades. From the teasers I’ve seen, we are guaranteed to enjoy the evening.
Of course, there is the golf scramble planned for Tuesday and the 5K walk/ run sponsored by the Health Pool of South Dakota, the SDML Workers’ Compensation Fund, and the South Dakota Public Assurance Alliance. Hopefully we will have great weather to enjoy both!
But, we do have some work to do while at conference too. Policy committees that met in August will be finalizing our position statement and discussing upcoming legislation. If you are on a committee, make sure you put the meeting on your schedule. If you’re not on the committee but are interested in the discussions, please do attend.
Don’t wake up Friday morning and leave right away either! We do have a session on Friday morning, as well as our annual business meeting. You’ll have the opportunity to win great prizes, and it will be time for me to pass the gavel onto the next SDML Board President.
You’ll also be able to participate in the start of a new era for SDML. As we head into our 90th year, we’ll discuss plans to celebrate this important milestone, beginning with a sneak peek of a new look for the League. As we transition as an organization, it is important to freshen up and modernize our first impression. You can expect to come across several tchotchkes throughout the next year to
help familiarize members with our brand, and special events to help celebrate 90 years of cities working together.
If you find any time to spare, a lot can be learned by spending some time touring our host community. It has been a while since we’ve been to Rapid, and there have been a lot of changes. Most notably, Rapid City has made a lot strides toward improving their downtown and other public spaces. It might be worth checking out the Rapid City’s website or the Visit Rapid City website before you leave to check out where you might want to go.
The other really important thing about annual conference that people often miss is something in Yankton we call “windshield time.” Especially if you are traveling any distance to get to and from Rapid City, the time in the car talking as a team and getting to know one another is invaluable to building stronger relationships that you can made deposits and withdrawals from when you are back home. Admittedly, I take that a bit too far, having staff stop at the 1880s Town to feed Otis the Camel, grabbing popcorn at the Shell Station in Oacoma, making cheese stops in Dimmock, etc., but it is an added benefit to conference attendance. Who knows, this year we might take an old fashion photo in Wall or at least get a vanilla frosted donut. They are the best. See you all in Rapid City! ■
South Dakota friends:
It is my pleasure and honor to welcome you to Rapid City for the 2023 South Dakota Municipal League Annual Conference!
South Dakota is a special place and it’s public servants and leaders like you who help make it even be�er. Thank you for your dedica�on and service to your communi�es. We hope this event will not only help you grow as professionals, but also help you recharge for the important work that lies ahead.
The conference is also a great opportunity to reconnect with colleagues from around the state and meet fellow municipal employees and elected officials along the way. We encourage you to enjoy your �me in Rapid City and take full advantage of the excellent dining, shopping, and fun and recrea�onal opportuni�es that are found here.
On behalf of the City of Rapid City and the Black Hills region, please accept my gra�tude for allowing us to host this year’s SDML Annual Conference. May each of you and your communi�es, as well as the great state of South Dakota, be enriched as a result of this year’s event!
With gra�tude,
Jason Salamun Mayor, Rapid City, SD
Bring a good idea from home to share and a supply of business cards. If your city has promo�onal s�ckers or pins, bring a supply to share to make your hometown visible and help you make connec�ons.
Review the conference agenda and map out the sessions you will a�end. If others from your community are attending, decide together who will go to what. Your municipality will gain the most when a�endees divide and conquer. All mee�ngs are open to all registered a�endees.
If you are a first-�me a�endee, plan on going to the “Orienta� on for New A�endees” session on Wednesday morning so you can learn more about the conference and the League, as well as meet other first-�mers.
All sessions listed on the conference agenda are open to all conference a�endees – you do not have to be a member of the affiliate group to a�end their mee�ng.
Good session notes – complete with nota� ons of who you want to share the informa�on with a�er the conference and ideas the informa�on generates – will be invaluable when you prepare a summary. Plan to share it with other municipal officials, ci�zens, and appropriate staff.
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, per�nent, useful, or 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.
Make it a habit to introduce yourself to others around you at sessions and events. Have plenty of business cards to share. You can start conversations by asking ques� ons. What part of the conference have they enjoyed most so far? How long have they held their posi�on? What are the biggest issues their community faces? You may have common concerns to explore or discover solu�ons that other communi�es have developed for similar issues.
Exhibitors are experts in their fi eld and have a lot of experience working with municipali�es. They can be great sources of informa�on and solu�ons 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.
If you serve on a policy commi�ee, those meet on Wednesday afternoon. If you are not on a policy commi�ee, this is an
SDML Members
• Full conference: $125
• Two days: $100
• One day: $65
• Guest registra�on op�ons also available
Non-members
• Full conference: $225
Register online!
Meet the Municipal League staff and board members and get a be�er understanding of what SDML does for municipali�es in South Dakota.
We’ll look over the conference agenda, share success stories of the SDML, explain the role of the policy commi�ees, and explore ways you can get involved.
excellent opportunity to sit in on one that is of interest to you. Policy commi�ees shape the Statement of Policy that guides the League’s legisla�ve agenda for the coming session.
Make sure your municipality has a vo�ng delegate at the business mee�ng on Friday morning so your voice is counted in the elec�on of League board members and the adop�on of the Statement of Policy.
Relax and enjoy the sights and delights of the host town. Take �me 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!
sdmunicipalleague.org/conference ■
Know what it costs your municipality to send you to the conference and be prepared to talk about all the benefi ts your local government receives as a result. Municipal government is a lot like parenthood. It is impossible to know all about it un�l you are in the thick of it. There is a lot of on-thejob learning – and the SDML Conference is the single best forum for learning about municipal governance in South Dakota.
Agenda subject to change. Visit www.sdmunicipalleague.org/ conference for the most current information.
Tuesday, October 3
2 p.m. SDML Golf Scramble
Pre-registration required. Meadowbrook Golf Course, Rapid City
Sponsored by City of Rapid City and South Dakota Municipal League.
7 p.m. SDML Board of Directors Mee�ng
Wednesday, October 4
8 a.m. Registra�on Table Open
8 a.m. Exhibits Open (through 4 p.m.)
9 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 a.m. - SD Municipal A�orney’s Associa�on
4 p.m. Presiding: Joel Landeen, SDMAA President, Rapid City
1. Business Mee�ng and Elec�on
9 a.m. SD Associa�on of Code Enforcement
Presiding: Matt Tobias, SoDACE President, Sioux Falls
1. Business Mee�ng
2. Working With Your City A�orney
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. Complete your exhibitor card for a chance to win one of two $500 gi� card prizes!
• Register for the conference
• Sign up for the walk/run
• Par� cipate in the golf event
• Submit 20-year employees and officials for the Hall of Fame
9 a.m. SD Municipal Street Maintenance Associa�on
Presiding: Dale Tech, SDMSMA President, Rapid City
1. Business Mee�ng and Elec�on
2. Pavement Condi�ons Index (CPI)
3. Deicing Materials
4. Group Discussion and Collabora�on
10 a.m. SDML Pooling Mee�ngs
• South Dakota Public Assurance Alliance
• SDML Workers’ Compensa�on Fund
• Health Pool of South Dakota
11 a.m. Pooling Plinko
Come join the risk-sharing pools for a fun spin on the ever-popular game show…Bob Barker not included!
• Lynn Bren, Executive Director, SDPAA
• Brad Wilson, Administrator, SDML Work’ Comp Fund
• Gary Drewes, Marketing Rep, SDML Work Comp Fund
• Becky Brunsing, Member Services Representative, SDPAA
• Doug Kirkus, Marketing Rep, SDML Work Comp
Noon Safety Awards Luncheon
Presiding: Tracie Everson, Safety Benefits, Inc. Sponsored by SDML Workers’ Compensa�on Fund and South Dakota Public Assurance Alliance.
Crisis Communica�on
Sandy Frentz, Former Public Information Officer,
SD Municipal Electric Associa�on
Presiding: Russell Halgerson, SDMEA President,
WWW.SDMUNICIPALLEAGUE.ORG/CONFERENCE
All you need - all online!
1 p.m. SD Police Chiefs Associa�on
Presiding: Justin Meyer, SDPCA President, Madison
1. Business Mee�ng
2. Partner Agency Updates
1 p.m. SD Governmental Finance Officers Associa�on
Presiding: Roxanne Heezen, SDGFOA President, Fort Pierre
1. Business Mee�ng and Elec�on
2. Regional Finance Officer Groups
3. Mentorship Program Overview & Update
4. IIMC Partnership Overview & Update
5. Na�onal GFOA Partnership Overview
4 p.m. SDML Policy Commi�ee Mee�ngs
1. General Government
2. Public Health, Safety, and Welfare
3. Public Works
4. Taxa�on and Revenue
4 p.m. SDML Audi�ng Commi�ee
4 p.m. SDML Nomina�ng Commi�ee
5 p.m. Exhibit Area Social
6 p.m. An Evening to Explore ► Explore the heart of Rapid City…Downtown!
Join Prairie Edge Trading Co & Galleries for a welcome recep�on from 6-7:30 p.m. featuring a Hoop Dancer at 6:30 p.m. U�lize your downtown events pass to receive discounts on food, beverage, and retail. Unwind at the end of the evening in Main Street Square with live music from Rowan Grace.
7 a.m. SDML Annual Walk/Run
Pre-registration required. Participants will be bused from the Ramkota to the Founders Park. Following the walk, buses will pick up participants at Sioux Park to transport them back to the Ramkota.
Sponsored by Health Pool of South Dakota, SDML Workers’ Compensa�on Fund, and the South Dakota Public Assurance Alliance.
Breakfast
SDML Past Presidents’ Breakfast
Registra�on Table Open
Exhibits Open (close at 11 a.m.)
Resolu�ons Commi�ee
Presiding: Harry Weller, Mayor, Kadoka
WED NIGHT
Main Street Square is a private nonprofit located in the heart of Downtown Rapid City that provides visitors with cultural and recreational experiences year-round.
6-8 p.m. Food Trucks
7:30 p.m. Rowan Grace - 9 p.m. Music Concert
Show your downtown events pass to take advantage of these great offers!
Prairie Edge - Welcome recep�on 6-7:30 p.m. Complimentary light hors d’oeuvres and refreshments. Hoop dancer at 6:30 p.m. 10% off purchases during the event.
Firehouse Brewing Co. - 10% off
Firehouse Wine Cellars - Free tas�ngs
Paddy O’Neill’s Irish Pub & Grill - $4 whiskey drinks & BOGO on domes�cs
Tinder Box - $10 off total purchase
Vertex Sky Bar - Free access for the night. Reserva�on required through OpenTable.com at least 12 hours in advance.
Vita Sana Olive Oil Company - 10% off
Run between the Ramkota lobby and Main Street Square (loading area in front of the parking garage).
5:30-7:30 p.m. Every 15 minutes
7:30-9 p.m. Every 30 minutes
9 a.m. Crisis Communica�on
Sandy Frentz, Former Public Information Officer, City of Sioux Falls, Retired
9 a.m. Elected Officials Workshop
9 a.m. SD Municipal Airport Managers Associa�on
Presiding: Chris Deitz, SDMAA President, Rapid City
1. Business Mee�ng and Elec�on
2. Airfield Pavement Maintenance Considera�ons
3. Aeronau�cs Update
4. Airport Infrastructure Funding: Why State Funding is Cri�cal to Future Projects
9 a.m. SD Building Officials’ Associa�on
Presiding: Butch Warrington, SDBOA President, Sioux Falls
1. Business Mee�ng
2. Asbestos – What You Should Know
3. SD Department of Social Services
9 a.m. SD Governmental Human Resource Associa�on
Presiding: Elaine Johnson, Acting SDGHRA President, Aberdeen
1. Business Mee�ng and Elec�on
2. Don’t Forget the Sunscreen – Protect Your Safety Program with NeoGov Training
3. Keeping the “Bugs” Out – How to Avoid Common HR Legal Mistakes
9 a.m. SD City Managers Associa�on
Presiding: Jameson Berreth, SDCMA President, Madison
1. Business Mee�ng and Elec�on
Noon Excellence in SD Municipal Government Award Luncheon
• Presenta�on of the 2023 Excellence in SD Municipal Government Award
• SDML Hall of Fame Induc�on – Honoring those with 20 years and more of municipal service.
Sponsored by BankWest, Inc. Trust Department and The First Na�onal Bank in Sioux Falls Trust Department.
Tues | Casual Wed | Outdoorsy*
Thurs | Business Casual Fri | Hometown Pride
Wear your best outdoor gear for your chance to win! Winner named at the Exhibit Area Social Wed. night.
1:30 p.m. SD Chapter, American Public Works Associa�on
Presiding: Heath Von Eye, President, SD Chapter APWA
1:30 - General Session
3 p.m. From Conflict to Conversa�on
Matt Lehrman
Disagreement isn’t only natural, it’s necessary. That’s why successful leaders must con�nually innovate their tac�cs to address complex and sensi�ve issues in way that leave community members feeling welcomed, heard, and respected.
3:15 - General Session
4:45 p.m. Let’s Talk: Conflict to Conversa�on
Matt Lehrman
How are you moving your community from conflict to conversa�on? What challenges are you facing and what do you specifically hope to achieve? Keynote presenter Ma� Lehrman will facilitate a follow-up discussion that invites a�endees to seek prac�cal insight and advice from a panel of South Dakota community leaders. Come prepared to “wear your heart on your sleeve” about how to engage more people and gather agreement around whatever you hope to accomplish in your community.
5:30 p.m. President’s Recep�on (Open to all a�endees)
6:30 p.m. Dinner
Sponsored by Colliers Securi�es.
The String Showdown
More interac�ve than a band, more exci�ng than a DJ, more unique than dueling pianos… The String Showdown is about to be your new favorite act for corporate events, fundraisers, and more! Mul�instrumentalists Mike Lauer (George Mauer, Bobby Vee) and Greg Byers (Kat Perkins, Trans-Siberian Orchestra) collide in the String Showdown! Get ready for a fun and fast-paced performance full of sweet licks and hilarious riffs! As a dueling string duo, they
rock with a mishmash of your favorite hits from radio, TV, and movies compelling your audience to clap, dance and sing along. You’ll be amazed at their instrumental prowess while you crack up at the irreverent, family-friendly humor.
8 a.m. Registra�on Table Open
7:30 a.m. Breakfast
Sponsored by Banner Associates, Inc. and Missouri River Energy Services.
8:30 a.m. General Session
Cyber Security and Your City
Mike Grigsby
Influen�al collaborator, strategic thinker, and solu�ons innovator. Technology execu�ve in public and private sectors managing and transforming complex enterprise environments. Champion and advocate for Civic Technology, Smart City
Solu�ons, Public Safety Technology, Digital Inclusion, and Transporta�on Innova�on. Military and law enforcement veteran and business owner with a focus on rela�onship building and developing highperformance teams.
Housing Infrastructure Funding Update
Chas Olson, Executive Director, South Dakota Housing
10:30 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 2024 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!
Conference End
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PIERRE, S.D. – The final ballot explanation for a proposed initiated measure that would repeal South Dakota’s Medical Marijuana Program, as proposed by Travis Ismay of Newell, has been released by the South Dakota Attorney General’s Office.
Attorney General Marty Jackley does not take a position on any such proposal. As required by law, the Attorney General has provided a fair and neutral explanation on the proposed constitutional amendment to assist the voters.
This proposed initiated measure would repeal the state’s medical marijuana program that was approved by voters
in the 2020 general election. The repeal would make all possession, use, cultivation, sale, manufacture, sale of marijuana, and marijuana products a crime. The ballot explanation can be found on the Office of the Attorney General's website at https://atg.sd.gov.
If the required 17,509 valid signatures are gathered and approved by the South Dakota Secretary of State’s Office, the proposed constitutional amendment will be placed on the 2024 general ballot. A majority of the votes cast in the general election will be needed to pass the measure.
The Attorney General’s explanation was drafted after a review of all the
comments received during the proposed amendment’s 10-day comment period. A total of 48 comments were received.
State law requires the Attorney General to draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot.
For more information regarding ballot measures, visit the Secretary of State’s website. ■
The South Dakota Municipal League (SDML) policy review committees have released this year’s recommended changes to the association’s official Statement of Policy.
“This being my first time through the policy committee process, I was impressed by the expertise and thoroughness of our committee members,” said David Reiss, SDML Executive Director. “The work of the policy committees reflects an analysis of ever-changing issues facing South Dakota communities.”
The draft changes include member input contributed during the annual review process of the document, which serves as a reference for the League’s position on various issues affecting local government and guides the League staff and lobbyists during the legislative session.
Each of the four policy committees – Taxation and Revenue; General Government; Public Health, Safety, and Wellness; and Public Works – compiled and reviewed submissions pertaining to their respective section of the statement during meetings held mid-August in Fort Pierre.
The next step, said Reiss, is further review and background research by staff.
“We want to thank everyone for their initial suggestions and to the committee representatives for providing their recommended changes,” he said. “Now we encourage the membership to take a look at those recommendations as we close in on finalizing the policy statement for the next year.”
An overview of the suggested changes follows this article. To view the full Statement of Policy with suggested changes embedded within the document, visit www.sdmunicipalleague. org/statementofpolicy.
Members can submit additional comments online. The policy committees will meet again Oct. 4 during the SDML annual conference in Rapid City to consider any new information or suggestions submitted. Recommendations from each policy committee are then submitted to the Resolutions Committee, which reviews and prepares them for vote at the annual SDML business meeting on Oct. 6 before being voted into the official statement of policy by the membership.
Policy committees met Aug. 16 and 17 to conduct initial review of the current SDML policy statement and provide updates in draft form for adoption and finalization at the SDML annual conference. Ongoing additions to this list will continue based upon developing issues and staff research.
Suggested draft changes to each policy committee section are provided below. The entire draft policy statement is available for review on the SDML website at www.sdmunicipalleague. org/StatementOfPolicy.
15. The SDML supports increasing the bid limit for materials and supplies to match the $50,000 bid limit for equipment). (GG – 2020)
Explanation: This policy statement objective was accomplished in the 2023 legislative session with passage of House Bill 1060.
37. The SDML supports allowing a separate and additional class of on-sale liquor licenses for golf courses. (GG –2003; 2007; 2008)
Explanation: This policy statement objective was accomplished in the 2023 legislative session with passage of House Bill 1176.
49. The SDML supports the ability to use drones for any local government purpose. (Resolutions – 2014)
Explanation: Committee input and discussion indicated the use of the word “any” could be interpreted as being too broad and that use of drones should be supported for local government use.
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)
Explanation: The policy objective of “and strongly encourages efforts to expand Medicaid” was accomplished during the 2022 general election via passage of Constitutional Amendment D.
14. The SDML supports measures to keep public safety entities viable to include but not limited to all law enforcement agencies, fire departments, emergency medical services, and 911 communications centers. (PHSW – 2019)
Explanation: Addition of language “to include but not limited to all law enforcement agencies, fire departments, emergency medical services, and 911 communications centers” is intended to clarify the League’s position that all local government public safety services must be supported.
16. The SDML supports a state funding initiative to mitigate emerald ash borer invasive species infestations, similar to the state’s successful response to the pine beetle infestation. (PHSW 2018; 2020)
Explanation: Striking of the words “emerald ash borer” and insertion of the words “invasive species” is intended
to be inclusive of future invasive species infestation response needs.
New Policy: The SDML supports continued and expanded financial support for all fire departments by the state and federal governments.
Explanation: The proposed policy statement reflects the League’s position that state and federal government financial resources should be made available to support current and future fire department operational needs.
New Policy: The SDML supports stricter legislation addressing distracted driving.
Explanation: The proposed policy statement reflects the PHSW committee position that distracted driving is a public health concern and supports efforts to increase handsfree driving enforcement laws and penalties.
Move #1 to Community & Economic Development Core Beliefs.
Explanation: The suggested movement of the policy statement “The SDML supports legislation to expand affordable housing and workforce housing opportunities in South Dakota.” to C&ED Core Beliefs is in recognition of this issue being a long-term, guiding principle of the League.
18. The SDML supports legislation to allow municipalities to impose an additional tax on the leases or rentals of hotel, motel, campsites, short-term rentals, or other lodging accommodations within the municipality. (T&R – 2000; 11)
Explanation: The suggested addition of the words “short-term rentals,” is provided to recognize that shortterm rental properties are prevalent and often used similarly to other lodging accommodation types within South Dakota municipalities and should be subject to similar tax imposition if made available legislatively.
43. The SDML supports expanding the base for the 911 surcharge to include all means of communicating with a 911 system and that all funds collected for the 911 surcharge are dedicated to the operation of PSAP centers. (T&R – 2005)
Explanation: The suggested addition of the words “and that all funds collected for the 911 surcharge are dedicated to the operation of PSAP centers” is provided to address committee concerns that funds collected for the operation, staffing, and maintenance of 911emergency call facilities are not being uniformly and completely passed on to operators of PSAP centers by county governments.
CB13. The SDML supports developing maintaining an open, stronger, more cooperative working relationship with the SD Department of Revenue. (T&R – 2010; 2012) (Moved from General Policy)
Explanation: The suggested deletion of the word “developing” and addition of the word “maintaining” in T & R Core Belief Statement 13 addresses concerns that municipalities do not have current and ongoing communications and relationships with the South Dakota Department of Revenue and amends to recognize an ongoing relationship between the state agency and municipalities.
No suggested policy or core belief statements from current platform. ■
Reviews and prepares final recommendations for vote at the annual SDML business meeting. Comprised of people from all four policy committees. Appointed by the SDML President.
• Daniel Ainslie, Finance Officer, Rapid City
• Carolynn Anderson, Finance Officer, Wall
• David Bixler, City Counsel Budget Analyst, Sioux Falls
• Paullyn Carey, Finance Officer, Huron
• Jon Cole, Mayor, Vermillion
• Mark Cotter, Public Works Director, Sioux Falls
• Tracy Davis, Deputy Finance Officer, Rapid City
• Stephanie Ellwein, City Administrator, Mitchell
• Vicki Fisher, Community Development Director, Rapid City
• Jason Foote, Police Chief, Yankton
• Mike Glover, Finance Officer, Burke
• Laurie Gronlund, Human Resources Director, Pierre
• Debbie Houseman, City Administrator, Wagner
• Callie Iverson, Councilmember, Fort Pierre
• Terry Johnson, Engineering Projects Supervisor, Mitchell
• Ashley McDonald, City Attorney, Spearfish
• Brittany Smith, City Administrator, Philip
• Misty Summers-Walton, Finance Officer, Hot Springs
• Harry Weller, Mayor, Kadoka
ELECTRIC SPORTING CLAY SHOOT, Madison 8 Sept
SDML BOARD OF DIRECTORS MEETING, Rapid City
SDML ANNUAL CONFERENCE, Rapid City
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.
NATIONAL LEAGUE OF CITIES CITY SUMMIT, Atlanta, GA
SDML BOARD OF DIRECTORS MEETING, Pierre
Recipients will be recognized during the Excellence in South Dakota Municipal Government Award Luncheon Oct. 5 in Rapid City and in the November issue of the South Dakota Municipalities magazine.
Submit
PIERRE, S.D. – 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 dollarfor-dollar basis from nonfederal and non-state sources. Nonprofit organizations will be allowed to use in-kind services for one-half of their match.
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.
Applications are due Oct. 1 and Feb. 1 each year. Grant forms are available online at https://history.sd.gov/ preservation/fundingopportunities.aspx. ■
PIERRE, S.D. – The South Dakota Department of Agriculture and Natural Resources (DANR) is accepting applications for projects eligible for federal Clean Water Act, Section 319 nonpoint source pollution control grants.
The application deadline is Oct. 1, 2023.
Section 319 of the federal Clean Water Act provides grants to reduce water pollution from nonpoint sources, such as polluted runoff from urban, agricultural, and forest lands.
Eligible applicants include governmental agencies; state government subdivisions, such as conservation districts, water development districts, counties, and municipalities; universities; certain nonprofit organizations; and federally recognized Indian tribes. Other groups may participate by applying through one of the eligible entities as a project partner.
The U.S. Environmental Protection Agency grants require 40 percent local match.
Interested parties are encouraged to contact DANR at (605) 773-4254 or obtain application guidance at: https://danr.sd.gov/Conservation/WatershedProtection/ Section319/Guidance.aspx. ■
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
The U.S. Supreme Court ruled on several cases impacting local governments during the 2022-2023 term, from federal elections management to a new test for what is considered “waters of the United States.” The National League of Cities, through partnership with the Local Government Legal Center (LGLC), participated in several amicus briefs supporting local government interests throughout the term.
The issue in this case was to determine the proper test for assessing whether wetlands are waters of the United States (WOTUS) under the Clean Water Act. Previously, WOTUS has included “wetlands” that are “adjacent” to navigable water.
In their decision, the Court held the Clean Water Act extends only to wetlands that have a “continuous surface connection” with “waters” of the United States. The Court expressly discarded the “significant nexus” test from a previous case as “particularly implausible.”
Reprinted from National League of Cities, www.nlc.org.
The Court’s decision now limits the definition of WOTUS and some local infrastructure (such as water supply and treatment, flood control and stormwater management infrastructure) may now be excluded from the definition. Infrastructure that is not itself “waters” is likely excluded from the definition under this new ruling. Local governments will therefore need to await further EPA action as they go back to the drawing board and issue a new rule seeking to define “continuous surface connection.”
The issue in this case was whether selling a home to satisfy a debt to the government and keeping the surplus value violates the Fifth Amendment’s Takings Clause. Under Minnesota State law, property taxes become a lien against the property once they are assessed and if they are not paid during the year they are due, they become delinquent, at which point a county may obtain a judgment against the property.
In a unanimous decision, the Supreme Court ruled that Hennepin County did violate the Takings Clause of the Fifth Amendment by keeping the surplus equity from selling the homeowners condominium after she failed to pay her property taxes. The violation occurred not with the sale of the property for failure to pay property taxes or when the county kept the tax debt (including interest and penalties), but rather, because the county kept the surplus equity.
Under this ruling, local governments in states that allow for retention of the excess of a sale will need to ensure they are not keeping any surplus equity after the sale of a forfeited property. Even if the local government itself does not keep the surplus equity, if the former property owner is not able to get the surplus equity back, state and local governments may be liable for a Taking. For example, if a
private tax certificate holder is able under state law to retain the surplus equity after paying off the tax debt and interest, the homeowners may still be able to bring a takings claim against the government.
The issue was whether the Alabama legislature’s 2021 redistricting map violated Section 2 of the Voting Rights Act, which prevents election practices or procedures that discriminate based on race. In a 5-4 decision, the Supreme Court affirmed the lower court’s decision and found that the Alabama Legislature’s maps likely diminished Black voters’ rights in the state.
The Court affirmed to bring a successful Section 2 claim, one must meet the preconditions determined in the 1968 Thornburg v. Gingles decision:
• The minority group must be sufficiently large and [geographically] compact to constitute a majority in a reasonably configured district;
• The minority group must be able to show that it is politically cohesive; and
• The minority must be able to demonstrate that the white majority votes sufficiently as a bloc to enable it . . . to defeat the minority’s preferred candidate.
The Supreme Court found the preconditions were met and therefore demonstrated that the Alabama legislature likely violated Section 2 of the Voting Rights Act. For local governments, this ruling upholds equitable voting rights and equitable access in local election administration and ensures that congressional representation is reflective of local diversity.
The issue in this case was whether a state legislature has the sole authority to regulate federal elections. A key theory
in play was the Independent State Legislature Theory (ISLT), which proposes the Constitution delegates authority to regulate federal elections for Senate and House of Representatives within a state to that state’s legislature without any checks and balances from state courts. The court rejected the ISLT and held that the Federal Elections Clause “does not insulate state legislatures from the ordinary exercise of state judicial review.”
In doing so, the court found that although the U.S. Constitution gives state legislatures authority to regulate federal elections within their jurisdiction, state courts can properly supervise the legislature’s exercise of this power.
The U.S. Supreme Court’s majority opinion keeps the elections system status quo, avoiding a two-tiered election system, one for federal elections where state legislatures could operate unchecked by state constitutions and state judicial review, and one for state elections where those normal checks are in place. Such a system could have greatly impacted local governments in their role in administering elections from mail in ballots and recounts, polling locations, voter ID requirements and emergency responses. The decision reserved the ability for federal courts to review state court decisions regarding federal elections, including decisions interpreting state law. But the decision did not provide parameters for that review.
The issue was to determine what is considered an “undue hardship” under Title VII of the Civil Rights Act of 1964, which rising to that level would excuse an employer from providing a religious accommodation. Previously, courts relied on a standard for “undue hardship” as defined in the Trans World Airlines, Inc. v. Hardison’s decision which was defined as “any effort or cost that is ‘more than …de minimis”. De minimis refers to a standard meaning too trivial or minor to merit consideration.
In this case, the Supreme Court provided in a unanimous decision that to demonstrate an “undue hardship,” an employer must show “a burden is substantial in the overall context of an employer’s business.” The court sent the case back to the Third Circuit to consider again, under this new defined standard. While the new opinion changes the standard of “undue hardship” which will likely result in new guidance from the Equal Employment Opportunity Commission (EEOC), the Court also agreed that “a good deal of the EEOC’s guidance in this area is sensible and will, in all likelihood, be unaffected by [its] clarifying decision.
Given the court’s ruling, all employers, including public employers, will need to immediately review their employment policies and practices regarding religious accommodations. This will require immediate training for managers and human resources employees. Local government employers will need to wait for additional guidance from courts and the EEOC to determine what exactly constitutes “substantial costs.”
The main issue in this case was whether the creation and sale of a wedding website to the public is considered speech,
which would be protected under the First Amendment, or rather commercial activity / conduct that incidentally conveys speech, which would not be protected.
The Supreme Court held that Colorado’s public accommodation law violates the First Amendment’s Free Speech Clause by compelling the speech of a business owner engaged in expressive activity. The potential impacts of this ruling may be broad, as the decision could open the door for any business engaged in expressive activity to refuse to provide services to individuals regardless of antidiscrimination laws that would otherwise protect those individuals. The court has not defined the parameters of expressive activity and that will likely be defined by the lower courts through litigation.
Exceptions to public accommodation laws, as the court has ruled in this case, may prove to be difficult for cities in their efforts to uphold and/or create local anti-discrimination ordinances. Cities will need to be aware of how public accommodation laws may be impacted by this recent decision in their enforcement of state or local anti-discrimination law as it relates or conflicts with First Amendment rights. ■
The SDML Nominating Committee is presenting the following slate of officers for consideration for board positions for the 2023-2024 cycle.
• President: Harry Weller, Mayor, Kadoka
• 1st Vice President: Carolynn Anderson, Finance Officer, Wall
• 2nd Vice President: Leland Treichel, Mayor, Roscoe
• Board Trustee: Michelle DeNeui, Finance Officer, Spearfish
The nominating committee met Aug. 15 via Zoom. Members included Al Cerny (chair), Mayor, Gregory; Michael Grosek, Mayor, Webster; and Chandra Phillips, Finance Officer, Winner. Committee members were appointed by SDML Board President Amy Leon.
Election of officers will take place during the SDML Annual Business Meeting on Oct. 7 in Rapid City, SD.
SDML President Amy Leon has named the following individuals to the 2023 Auditing Committee.
• Michelle DeNeui, Finance Officer, Spearfish
• Roxanne Heezen, Finance Officer, Fort Pierre
• Tracy Davis, Deputy Finance Officer, Rapid City
• Jordan McQuillen, Finance Director, Aberdeen
• Cody Papke, Chief Auditor, Sioux Falls
The auditing committee is tasked with ex amining the accounts or annual audit of the League each year. They will meet Oct. 5 and will present their report during the SDML Annual Business Meeting on Oct. 7 in Rapid City, SD. ■
South Dakota is set to embark on an exciting venture to better understand and welcome its newest residents through a statewide Newcomers Survey. Inspired by the successful initiatives in Minnesota and Montana, this groundbreaking survey aims to gather invaluable data, insights, and opinions from recent arrivals to enhance the state's community-building efforts and address their needs more effectively.
By reaching out to those who have made South Dakota their home within the last five years, the survey seeks to identify key factors that attracted them to the state and explore their experiences, challenges, and aspirations. This will enable policymakers and community leaders to create initiatives that cater to the unique needs and preferences of newcomers and foster a welcoming environment.
The survey is slated to begin in late October and will remain open through Dec. 31, 2023. Since there is no singe database with information to reach all new residents of South Dakota, the team hopes local governments, chambers, economic developers, and community members will help share the survey with new residents in their communities.
“Based on conversations we have had with the teams that conducted this survey in Minnesota and Montana, the most difficult newcomers to find are those who are renting and those living on reservations, these are the groups we need the most help from local levels collecting data from” said Kara Harders, SDSU Community Vitality Field Specialist.
Ben Winchester, who developed the first of these studies shares, “Since the 1970s rural communities have experienced a “brain gain” in people in their 30s, 40s, and 50s moving to rural communities for reasons related to increased quality of life. We see this today in our full housing stocks, this increased demand for rural living has led to our current shortage in housing. As our aging population turns over, we will be welcoming in a whole new wave of residents to our rural communities, which prompts the question, ‘How welcoming are we?’”
Key objectives of the South Dakota Newcomers Survey include:
1. Identifying Reasons for Relocation: Understanding the specific reasons that led newcomers to choose South Dakota will provide essential insights into the state's appealing attributes and competitive advantages.
2. Assessing Satisfaction and Challenges: Gathering feedback from newcomers on their overall satisfaction, experiences, and challenges will allow South Dakota to address areas of improvement and build on its strengths.
3. Gathering Demographic Data: Collecting demographic information will help in tailoring services and resources to diverse newcomer communities.
4. Enhancing Integration Efforts: By understanding the needs and preferences of newcomers, the state can improve integration programs to ease their transition and foster a sense of belonging.
The South Dakota Newcomers Survey will be conducted through both online and paper surveys. Participants can expect a user-friendly and confidential survey designed to capture their valuable insights accurately.
Two webinars are available for viewing at https://tinyurl. com/Thriverr. These videos feature presentations by Ben Winchester of University of Minnesota, a data expert and the creator of the initial survey conducted in Minnesota.
The Newcomers Survey is a collaborative effort between SDSU Extension, Dakota Resources, SDSU Census Data Center, and the Bush Foundation.
For more information on the South Dakota Newcomers Survey and how to participate, please visit https://extension. sdstate.edu/newcomers-survey or contact Kara Harders at Kara.Harders@sdstate.edu. ■
South Dakota has one of the fastest growing cremation rates in North America, currently sitting at 51.8%. That number is expected to hit 62.2% by 2027. By 2032, the cremation rate is projected to be 71.7%.
Among those who choose cremation, the vast majority are looking for above-ground interment options, such as a columbarium.
• Nelson Granite is one of the largest granite quarriers and columbarium manufacturers in North America
• 100% granite = little-to-no maintenance
• A municipally-driven columbarium program = easy to oversee and all revenue generated is reinvested in the cemetery
SATs
MOUNT RUSHMORE EVENING LIGHTING CEREMONY, Keystone
LEGENDS IN LIGHT® LASER LIGHT SHOW AT CRAZY HORSE MEMORIAL, Crazy Horse
BLACK HILLS FARMERS MARKET, Rapid City
BLACK HILLS FARMERS MARKET, Rapid City
FALLS PARK FARMER'S MARKET, Sioux Falls
01 06
LEVITT AT THE FALLS: THE VINDYS, Sioux Falls
SOUTHERN HILLS TRIATHLON, Hot Springs
DAKOTA FIVE-O, Spearfish
1880 TRAIN OLD WEST SHOOTOUT, Hill City
AUG 29- SEPT 3
MUSTANG RALLY, Sturgis
AUG 31- SEPT 4
SOUTH DAKOTA STATE FAIR, Huron
SEPT 6-9
STURGIS OFF ROAD RALLY, Sturgis
07
SEPT 8-9 BLACK HILLS
POLKAPALOOZA AT PALMER GULCH, Hill City
SEPT 8-9 RIBS, RODS & ROCK N' ROLL, Vermillion
SIDEWALK ARTS FESTIVAL, Sioux Falls
1880 TRAIN WINE EXPRESS, Hill City
LEVITT AT THE FALLS: YOUNG DUBLINERS, Sioux Falls
SEPT 9-10 HILL CITY QUILT SHOW, Hill City
HOMESTEADER DAY CELEBRATION, Valley Springs
SEPT 11-17
SANFORD INTERNATIONAL GOLF TOURNAMENT, Sioux Falls
SEPT 14-17
SOUTH DAKOTA FILM FESTIVAL, Aberdeen
15
SEPT 15-16
DEADWOOD JAM, Deadwood
SEPT 15-17
MICKELSON TRAIL TREK, Lead
SEPT 15-17
NORTH COUNTRY FIBER FAIR, Watertown
SEPT 22-23
CRAFT BEER FEST: HOPS AND HOGS, Deadwood
SEPT 22-24
BLACK HILLS PHOTO SHOOTOUT, Deadwood
SEPT 22-24
SOUTH DAKOTA FESTIVAL OF BOOKS, Brookings
SEPT 22-24
NORTHERN PLAINS INDIAN ART MARKET, Sioux Falls
STIRLING FAMILY MEMORIAL RANCH RODEO, Fort Pierre
GREAT DOWNTOWN PUMPKIN FESTIVAL, Rapid City
SEPT 23-24
MENNO PIONEER POWER SHOW, Menno
SEPT 28-30
CUSTER STATE PARK BUFFALO ROUNDUP & ARTS FESTIVAL, Custer
SEPT 28-30
CINCH PLAYOFFS, Sioux Falls
SEPT 29-30
JUNKIN' MARKET DAYS, Sioux Falls
SEPT 29 - OCT 1
SIOUXPERCON, Sioux Falls
SEPT 29 - OCT 1
BLACK HILLS FILM FESTIVAL, Hill City
1880 TRAIN OKTOBERFEST EXPRESS, Hill City
CRUISER CAR SHOW & STREET FAIR, Rapid City
THE OAK RIDGE BOYS FRONT PORCH SINGIN’ TOUR, Brookings
22 SOUTH DAKOTA MUNICIPALITIES | Sept. 2023
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.
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Halfway between Sioux Falls and Mitchell, Salem offers a place for families and businesses looking to grow and establish their roots. Located on the intersection of Hwy 38 and Hwy 81, the bustling community is an easily accessible commercial corridor.
Salem offers great amenities for citizens, businesses, and visitors. We have a medical clinic, dental office, multiple churches, daycares, a wide range of retail and service businesses, a community park, swimming pool, an upgraded sports complex, and more!
Salem has served as the McCook County seat since 1882. As such, Salem is home to county departments, the McCook County Sherriff, and county commission meetings.
Salem is host to a wide range of community events. Some of the highlights include our monthly Summer Downtown Market, Salem Hometown Christmas, and the increasingly popular “Barn Raisin’ BBQ” festival started in 2021. Barn Rasin’ BBQ features a rib contest, poker run, cornhole tournament, and a barn dance.
The McCook Central School District provides exemplary K-12 education in a recently expanded school building.
McCook Central is home to over 425 students and offers a wide range of athletics and activities.
Salem was devastated by the May and July derechos in 2022. The community lost its nursing home, community armory, and multiple other local businesses. The city of Salem is investing in a new city hall and community center on the site of the former armory; the Salem Economic Development Corporation has purchased the nursing home site for a 12-acre housing development, and businesses are investing in rebuilding. Our community has banded together and supported one another over the past year like no time before.
The new community center will feature a 350-person event hall and catering kitchen perfect for hosting weddings, corporate, and community events.
The facility is situated across from Salem’s athletic complex which includes a beautiful baseball field with a turf infield, updated softball field, and Salem’s football stadium with a recently renovated track. Salem draws people from across the region for state tournaments and regional sporting events throughout the year.
The community of Salem cannot wait to welcome you to town whether you are passing through, stopping by for an event, or looking to move to town. ■
BASEBALL FIELD
Subrogation is one of those insurance terms that you try to know enough about to be educated…. but yet you don’t want to be an expert. It can be a complicated system with policy, statutes, and case law. You need to know enough to talk in general conversation, but do you really need to know what it’s all about? The short answer is YES!
Subrogation is the means in which the Fund receives reimbursement for payments. The Fund has the same rights afforded to the victim. In a workers’ compensation claim, the “victim” is the employee. If an employee is injured due to another’s negligence, the employee has the potential for recovery. Subrogation allows the Fund, which pays the benefits, to step into the shoes of the employee and have the same right of recovery as that employee. Subrogation allows the work comp benefits to be recovered from the tortfeasor or “wrong doer.”
The primary purpose of subrogation, according to the National Association of Subrogation Professionals, is “to prevent a victim from recovering twice for the same loss.” In a workers compensation claim example, the employee could receive work comp benefits and also pursue a liability settlement. The principal of subrogation does not allow the employee to recover the damages that have already been paid by the Fund, nor do the South Dakota work comp statutes.
SDCL 62-4-40 indicates that the insurer/provider may collect recovery “in his own name.” This means that the work comp carrier can pursue recovery regardless of the intention of the employee to pursue a liability claim.
SDCL 62-4-38 explains that if an employee receives a recovery from a third party, the recovery is an offset against any further worker compensation benefits.
It is important for all the people involved in a claim - from the employer, employee, claims person, and attorney - to understand the principle of subrogation and how South Dakota law re-enforces it. The SDML Workers Compensation Fund coverage document supports the principal with the following language:
Each member agrees that in the event of the payment of any loss by the Fund under this agreement, the Fund shall subrogate to the extent of such payment to all rights of the member against any person or other entity legally responsible for damages of or on said losses, and in such event, the member hereby agrees to render all reasonable assistance, other than pecuniary assistance, to effect recovery by the Fund under such right.
The Fund has a financial interest in recovery since they paid the benefits. Claims Associates, Inc. attempts to identify any subrogation potential from criminal restitution to civil tort. This could be a police officer who was injured while someone was resisting arrest, a meter reader who slipped and fell on the ice, or an employee involved in a motor vehicle accident. If workers’ compensation benefits are due, these benefits will NOT be affected. The employee does not lose any rights to use the work comp system. The Fund just gains the right to recover what they paid in benefits.
If a claim is submitted and you feel that a third party is responsible for the injury, please do not hesitate to discuss this further with our office. There may or may not be a potential, but if we do not explore it, we will never know. ■
Reprinted from National League of Cities, www.nlc.org.
I can tell you that I wrote every word of this article at my keyboard with our family dog looking on. You might never know otherwise because the quantity and quality of computergenerated content is growing rapidly. ChatGPT and its Generative Artificial Intelligence cousins work daily, outlining marketing plans, writing email templates, drafting computer code and so much more.
The public preview of ChatGPT crossed over into popular culture in November 2022 and will almost certainly launch 50,000 new startups this year. Many have said it already: this will define the future of search and the future of work. Thousands of companies are reexamining their strategies and thoughtful approaches to AI, and your city should too.
NLC’s Director of Sustainability and Innovation, Lena Geraghty, published a post in April 2023, “A Conversation with ChatGPT on Local Governments, Emerging Technologies,” where she invited ChatGPT to answer this question, “What should local government leaders know about you?” The response:
I am designed to understand and process human language to generate responses and provide information. Local government leaders can leverage my abilities to gain insights and make data-driven decisions. Here are a few things that local government leaders should know about me: I am trained on a vast amount of data: I have been trained on a massive dataset of diverse texts from various domains, including news articles, books, and academic papers.
Chatbots like ChatGPT and Bing Chat are trained on Large Language Models. If pointed to Wikipedia, they ingest and organize what Wikipedia covers. If pointed to US Tax Code and Regulations, they learn what the Tax Code contains. And, if pointed to your city’s ordinance, policy, budgets, and transactions (e.g., permitting, licensing, inspections, emergency response, and more), then they know a lot about your city and its daily operations and will respond with corresponding insights and specifics.
City Leaders Must Know: There are free and paid versions of generative AI chatbots. The paid versions can be further trained with your data and configured to reflect your voice and policies. Both are useful.
For just five minutes, let’s play and learn with ChatGPT.
• Point your browser to https://chat.openai.com.
• Click Sign-Up and create an account.
• I entered "Write a poem about my dog Spot. He’s brown and white and loves chew toys."
• See the results below. That was cute.
Spot, the pup with eyes so bright, A bundle of energy, always in sight. With fur that’s brown and white, He’s a sight that’s truly a delight.
Chew toys are Spot’s favorite game, He’ll play with them all day, just the same. His tail wags as he runs around, Bringing smiles to faces, without a sound.
He’s a furry friend, loyal and true, Always by your side, whatever you do. His bark is gentle, his love is pure, A furry companion, one can’t ignore.
Spot, oh Spot, we love you so, You bring joy to us, more than you’ll ever know. Your playful spirit and wagging tail, Make every day, a happy tale.
So here’s to Spot, our furry friend, Our loyal companion, until the very end. With your brown and white fur and chew toys, You fill our lives with endless joys.
To change to a more serious topic,
• Click New Chat (top left).
• Type the following in the Send Message prompt: "I am an elected official of a medium-sized city in Florida. What state programs should we access to assist my community’s unhoused population? Make the response brief. Format in a table."
• Press Enter and watch for your personalized response.See mine to the right.►
Now, enter the following (a continuation of the previous prompt and conversation):
• "Which of these programs emphasize assistance for schoolage children?"
• Press Enter.
• The “Regenerate Response” requests another, slightly different answer.
• Try different personas and different prompts. Remember to click New Chat (top left) when changing topics.
ChatGPT's response to a prompt about assisting the unhoused population in Florida.
City Leaders Must Know: These Prompts and Responses are not private. In fact, the model learns from its previous interactions. To start a new thread of questioning, click New Chat.
The prompt above tiptoes into a potentially sensitive topic that warrants thoughtful consideration: the personal experiences of those experiencing homelessness. Yes, there are biases in generative AI just as there exist biases in its underlying training data and our own individual decision-making. ChatGPT does work to warn or block unsafe content. The guard rails are not perfect but are part of a continuous effort termed Responsible AI.
In the world of artificial intelligence, “hallucinations” are misfires. These are cases where the model responds incorrectly (yet with authority). I’ve seen examples where the chatbot “invented” website URLs that did not exist. This is why responses should be validated as accurate.
City Leaders Must Know: Although generally safe, it is possible for Prompts and Responses to violate your personal and city standards for respect and kindness.
City Leaders Must Know: Do not rely on these tools blindly. They can (and do) sometimes misrepresent facts.
Would we discourage an author from referencing a thesaurus
or Google? Of course not. The same is true of ChatGPT. There are so many examples of good, productive uses which should be encouraged.
Staff can benefit by asking the tools to generate catchy social media headlines. The AI can summarize a historical event or even complex legislation. What better place to seed a brainstorming session than with a provocative ChatGPT prompt?
City Leaders Must Know: Carefully consider both the benefits and risks as you explore how to leverage the tool and regulate its use. Organize training and establish a policy and encourage staff to get creative.
You can find a sample city policy for using generative AI at www.nlc.org. Interim policy courtesy of Jim Loter, Interim Chief Technology Officer & Department Director, Seattle IT.
Microsoft recently announced Office 365 Copilot, a promise to integrate generative AI into its Office 365 suite, including Word, PowerPoint, and Teams. Google recently announced “magic wand” for its popular Google Docs.
It is clear that generative AI is now part of our professional and political landscapes. Its role in city offices and its impact on city services is not fully known but is bound to be remarkable. ■
PIERRE, SD - The South Dakota Department of Social Services (DSS) Division of Behavioral Health is announcing a new marketing campaign entitled “Notes to Self.” The campaign was developed to generate awareness and eliminate stigmas surrounding behavioral health concerns. The campaign also aims to emphasize the roles we can all take in prevention and early intervention.
“We South Dakotans tend to take pride in being ‘tough’ and ‘resilient’. However, we want people to know that they aren’t alone in whatever struggles they might be facing,” said DSS Cabinet Secretary Matt Althoff. “Our team is working tirelessly each day to help South Dakotans in need. This campaign, which gathered market research from
South Dakotans, aims to reach citizens in every corner of our state and target particular demographics where suicide has been more prevalent.”
The campaign will feature ads across the state which will educate residents and promote resources available to help those in need. The launch of the campaign coincides with the Second Annual Suicide Prevention Conference hosted by the Department of Social Services, Division of Behavioral Health, in partnership with other state agencies.
The campaign will include TV, radio, and internet ads along with billboards and other efforts. These “Notes to Self” reminders will focus on the existence of behavioral health needs in our communities and the resources
available to all who are experiencing them.
“With this campaign, we’re encouraging South Dakotans to offer help to others through small actions, words, gestures, and acts of care,” said Jennifer Humphrey, Strategic Initiatives Program Specialist with the Department. “We are hopeful that this genuine type of outreach can work for both prevention messaging and help those who need it during times of crisis.”
Those experiencing mental-healthrelated distress are encouraged to call 988, the Suicide and Crisis Lifeline. 988 was launched one year ago and provides 24/7 access to trained crisis specialists. For more information about 988 and The Helpline Center, visit https://www.helplinecenter.org/9-8-8. ■
LYNN BREN | SDPAA EXECUTIVE DIRECTOR
Contracts and contractors can be tricky discussions to have. First and foremost, the SDPAA will ALWAYS tell you to confer with your local counsel to determine the recommended course of action. While the Pool does have resources available, we intend for those to be resources to enhance or assist the work and opinions of your local counsel, not replace them. If you have reached out to local counsel, here’s some quick advice that the SDPAA may offer when confronted with questions regarding contract language and Independent Contractors.
Let’s start with independent contractors. Per the IRS website, an independent contractor is one who has full control over the work. The only thing you, as the payor, have control over is the result. Simply put, you don’t have a say in how it gets done, you simply desire the work to be done in accordance with appropriate standards and meeting the result as identified in the work contract. Independent contractors are self-employed and are not employees of your entity.
Under the typical definition of a covered
party, independent contractors would NOT be covered by liability coverage without special action to create that obligation. Independent contractors should be carrying their own liability coverage as part of their business operations or be prepared to selffund the defense and settlement dollars required to resolve their claims. Independent contractors are not employees, elected/appointed officials, or volunteers. These are the types of entities traditionally covered by the liability coverage afforded by the SDPAA, but also by commercial carriers. We caution everyone reading this article to confirm who is a covered party by reading your insurance policy or contacting your carrier representative.
Typically, we do not recommend agreeing to cover contractors. Having appropriate liability coverage to protect against third party claims is the responsibility of the person or business providing the service. By agreeing to provide liability coverage, your entity is agreeing to accept risk for which you have had no other control. You did not participate in the screening, hiring, training, or supervising of any of the
people who are engaged in the work being done, so why should you accept liability when they have erred?
Speaking of accepting liability, let’s talk about contracts. PLEASE have your local counsel review all contracts before signing them. Even if it is a renewal of a prior contract. Review for things like hold harmless and indemnification language, as well as waivers of subrogation. Each of these has unique consequences that you may not be prepared to accept.
Contracts which include hold harmless and indemnification language are attempting to transfer the risk from one party to another. We often tell Members to include this language in their facilities use agreements because the goal of the facilities use agreements is to transfer the risk back to the host(s) of the various events, rather than simply accepting all third-party claims which may arise out of the use of the property by others. When hold harmless and indemnification language is included in your contracts, you may be accepting responsibility for claims which are simply outside of your control, and perhaps for things well beyond the scope of what you intend.
We generally recommend that wording such as “any and all claims” be clarified and confined to relate to those claims which may arise out of the obligation of the Member under the contract. Local counsel is crucial to identifying areas where the City may agree to be responsible for claims related to the execution of a contract, including a rental agreement.
The other common clause that we see in contracts is a request for waiver of subrogation. Essentially, they are asking you to agree to take care of any loss to your own property if something happens, even if it is their fault. When Members reach out and ask about this clause, we caution them that engaging in a waiver of subrogation via a contract may jeopardize their ability to secure coverage. By waiving claims for recovery, you have agreed to accept the exposure, even if it is the contractor’s fault, and something for which their liability coverage should respond to. We would prefer to allow for subrogation or contribution to be determined based on the merits of the incident, rather than contract language which was put in place prior to the event happening.
At the end of the day, legal advice from your local counsel should ALWAYS be sought prior to engaging in any sort of contract for services, including rental agreements. Liability exposures are no joke, and as trends are continuously emerging against our public entities, we want to make sure that you receive the most up to date advice.
If your local counsel needs assistance, or is unavailable, we encourage our Pool Members to reach out to the Government Practices Hotline at 888-313-0839. We also welcome Members to submit questions to our office directly, and we can also provide some comment and review. Please remember, current employees of the SDPAA are not attorneys, and do not intend to give legal advice. The SDPAA is proud to offer the SDPAA Members full access to the expansive loss control portfolio that has been complied to address these and so many other questions faced by our local governments today, tomorrow… always. ■
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Aberdeen Sept. 11
Mitchell Sept. 12
Fort Pierre Sept. 13
Sturgis Sept. 20
Registered city, county, township, and tribal governments get first opportunity to purchase heavy equipment before offering it to the public.
Visit sdsurplusproperty.com for sale bills, photos, and more information and to sign up for email notifications about auction events.
Dakota Dunes South Dakota is seeking a candidate to ll the District Manager (city manager) position, a position that has not been open for 23 years. This is a wonderful opportunity to become a part of our very successful Missouri River community. Dakota Dunes has a great story to share. A well funded, beautiful and safe community, high quality of life, no personal or business income taxes. Access to award winning health care of all kinds, a surgical center, health clinics, a VA, assisted living facility, churches, one of the top rated and well-funded k-12 school systems in the state, A top rated Dakota Dunes Country Club and a beautiful private golf course, playgrounds, and walking/biking trails that pass through a nature area. Dakota Dunes has a population of roughly 4,000. Dakota Dunes is situated adjacent to the Sioux Land Metro area with job openings for your family members and anything else you may need within 15-20 minutes.
The District Manager position will be responsible for the planning, construction, operation, repair maintenance, and replacement of the district’s water, sewer streets, storm drainage, park facilities and systems. (see the job description for a full list of duties).
Dakota Dunes - Community Improvement District (CID) o ers a competitive and stable compensation package to include individual and family health insurance, participation in the South Dakota Retirement System with paid vacation and sick leave. This position is a permanent full time exempt position. The wage range will be competitive and commensurate with quali cations including but not limited to education and work experience.
Applications which include a Job Description can be obtained by contacting Dakota Dunes Community Improvement District at its o ces at 335 Sioux Point Road Suite 200, Dakota Dunes, SD 57049, by visiting our website at https://dakotadunes.com/local-government/jobs
You may call (605) 232-4211 with your questions.
Applications will be accepted until October 15, 2023, unless a candidate is selected before that date. Don’t hesitate to submit your resume and a salary expectation range.
Dakota Dunes Community Improvement District is an Equal Opportunity Employer and subscribes to the provisions of the American’s with Disabilities Act. If you need special accommodations in applying for employment, please notify our o ces at (605) 232-4211. A pre-employment drug screen will be required prior to employment. A con rmed positive drug screen will be basis for denial of employment.
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Safety & Loss Control Recognition Awards
Due: Sept. 8
Recognizes SDML Work Comp and SD Public Assurance Alliance members who strive to ensure a safe workplace and manage entity liability. Applications accepted for three levels of awards. Presented by Safety Benefits, Inc. at the SDML Conference each fall. Learn more/apply: www.safety-benefits.com
SDML Hall of Fame
Due: Sept. 15
Honors elected and appointed officials and employees who have served municipalities in South Dakota for 20 or more years. Inductees will be recognized at the fall SDML annual conference and listed in the November issue of the South Dakota Municipalities magazine. Learn more/apply: www.sdmunicipalleague.org/ halloffame
Deadwood Fund Grant, SD State Historical Society
Due: Oct. 1 annually
Awarded in amounts ranging from $1,000 to $25,000 to encourage large-scale restoration or rehabilitation of historic properties.
Learn more/apply: https://history.sd.gov/preservation/ fundingopportunities.aspx
Water Quality Project Grants, SD Dept. of Agriculture and Natural Resources
Due: Oct. 1
Under the Clean Water Act, provides grants to reduce water pollution from nonpoint sources, such as polluted runoff from urban, agricultural, and forest lands. Requires a 40% local match.
Learn more/apply: https://danr.sd.gov
Agri-Business Grant, SD Dept. of Transportation
Due: Oct. 15
Open to any local unit of government for the development of new or expanded agri-business industries. Provides for 80% of the construction costs. Grant size is limited to $600,000.
Learn more/apply: https://dot.sd.gov
Industrial Park Grant, SD Dept. of Transportation
Due: Oct. 15
Open to any local unit of government for the development of new or expanded access for new industry located within industrial parks. Provides for 80% of the construction costs. Grant size is limited to $500,000.
Learn more/apply: https://dot.sd.gov
Fuel the Growth Economic Development Course
Sept. 12-14, Rapid City
Registration: $395
Includes information on various economic development topics, including workforce development, business retention and expansion, small business and entrepreneurship development. Presented by Black Hills State University the Rushmore Region Economic Development Alliance.
Learn more/register: www.BHSU.edu/FueltheGrowth
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Grant Management Training, SD Dept. of Human Services
Sept. 14-15, Pierre
Registration: $595 - SDML members receive $30 off with code "ASSN"
Learn how to administer government grants and stay in compliance with applicable rules and regulations. Beginning and experienced grant managers, grant writers, and administrators are encouraged to attend. Learn more/register: http://grantstraining.com/ pierre0923
SDML Annual Conference
Oct. 3-6, Rapid City
Registration:
$125 members; $225 Non-members; more registration options
Due: Sept. 15
Gathers municipal employees and elected officials from across the state to network, learn new tips and trends, share best practices, and discover new products from exhibitors. Inspired by the Great Outdoors, this year's conference features tips on how to survive - and thrive - in municipal government.
Learn more/register: www.sdmunicipalleague.org/ conference
South Dakota GeoSpatial Conference, SD State University
Oct. 18-19, Oacoma and Virtual
Registration: $50 In-person; $25 Virtual
Due: Oct. 18
Learn about projects and programs involving the latest advances in geospatial technologies especially Geographic Information Systems (GIS) and Remote Sensing (RS). Identify opportunities for collaboration and find out how geospatial technologies can be used to enhance K-12 and higher education classroom activities.
Learn more/register: http://sdgisconference.org
City Summit, National League of Cities
Nov. 16-18, Atlanta, GA
The largest educational and networking event for city officials in the United States, it brings together thousands of city leaders, corporate partners, and city staff for four days of educational seminars, policymaking, and networking activities. Held annually by the National League of Cities.
Learn more/register: https://citysummit.nlc.org
Most of us feel a bit of dread when going to the airport. From the time we leave our front door until we reach our final destination, a lot can go wrong. Maybe it’s the crowds, flight delays, or missing baggage, but we’ve all had our fair share of air travel problems.
In June, I secured an important amendment in this year’s aviation bill to protect the airports in Watertown, Aberdeen, and Pierre. The House passed the bipartisan aviation bill in July with my amendment included. But, before it passed, there was some opposition to my amendment—some other members of Congress wanted to cut Essential Air Service (EAS) airports.
Without EAS airports in Watertown, Aberdeen, and Pierre, some South Dakotans would have to drive nearly seven hours to reach the closest medium or large hub airport in Minneapolis, Minnesota.
Driving this far to begin the travel journey is astonishing. America has a national commitment to infrastructure, and that includes aviation. These EAS airports connect rural America to larger airports with ease.
This year, we’ve seen multiple nationwide air service problems. In January, the FAA’s computer system outage grounded all domestic flights. This spring, Southwest Airlines encountered a technology issue that caused thousands of flight cancelations and staffing issues. And to top it all off, we’re facing a pilot shortage.
The aviation bill focused on improving the passenger experience from beginning to end. My colleagues and I won the battle to support EAS airports, so you don’t have to drive as far to start your flight journey. The bill also included provisions to improve efficiency in the FAA, grow the aviation workforce, ensure safety, and foster innovation in America’s aviation industry.
The bill successfully passed the House with overwhelming support. I look forward to the bill getting signed into law and securing more wins for South Dakotans. ■
Personal and transit vehicles line the entrance of the PIERRE REGIONAL AIRPORT. The airport provides essential air service for central South Dakota. Photo by the City of Pierre.
Washington D.C. – In late July, the National League of Cities (NLC) released the 2023 State of the Cities report, an annual review of mayoral priorities throughout the U.S. This year’s report shows that Infrastructure remains the top priority for mayors.
The top four priorities identified by mayors are infrastructure, budget & management, public safety, and economic development.
The report explores the most urgent challenges that mayors identify for their communities and common themes in addressing them.
The 2023 report shows that, overall, mayors maintain a positive outlook on the near-term future of their communities. With historic federal funding coming to municipalities, mayors are focused on repairing and building critical infrastructure,
and making it climate resilient.
“The priorities highlighted here show that the state of America’s cities is strong, with our local leaders making strategic investments in programs and services that deliver benefits to all of their residents,” said NLC CEO and Executive Director Clarence Anthony. “We hope that this year’s State of the Cities report not only paints a clear picture of mayors’ priorities today but can help inform their municipal strategies moving forward as well.”
“There is no one-size-fits-all solution to combat the many different types of violence and crime local leaders across America are facing today,” said Victoria Woodards, Mayor, Tacoma, Washington. “But there are many things we can do as local leaders to eradicate violence and make our communities better, stronger, safer places for all of our residents to
live… We can and we will lead the way to safer and more peaceful cities, towns and villages – and we’ll do it best by working together and alongside our residents, and by leading with empathy.”
Additionally, this year’s report reveals that mayors are increasingly connecting their top issues. For example, securing accessible and affordable housing is part of mayors’ economic development strategy, and mayors’ approaches to public safety recognize how it ties hand in hand with health and human services. However, the authority of mayors to make decisions in these focus areas can be different based on the size (large versus small) and type (city, rural, suburban) of the municipality.
To read this year’s report, visit https:// www.nlc.org/resource/state-of-thecities-2023. ■
Apprentice Lineman - City of Wessington Springs, SD. Must have line worker certification or willing to obtain. Job duties also include meter reading and helping other City Departments as needed. Applicants will be required to obtain a CDL and will be subject to DOT testing. Excellent benefit package. To apply submit a cover letter, resume, work history, and three work related references to Linda Willman, Finance Officer. Electronic: wessprsd@venturecomm.net or mail to City Hall PO Box 443, Wessington Springs, SD 57382. For questions, please call 605539-1691. Open until filled. EOE.
Assistant Librarian (part-time) - City of Webster, SD. The Webster Public Library is accepting applications for a part-time assistant librarian who may eventually become the full-time librarian. Benefits include paid health insurance, SD Retirement and personal time off. Monday-Friday. No weekends. Applications and job description are available at Webster Public Library or Webster City Hall, 800 Main Street. Open until filled. EOE.
Baler Crew Leader – City of Pierre, SD. Responsible for supervising and participating in the operations and maintenance of
and bagging system, loader, skid steer, fork lift, overhead hoist, semi-truck and hook truck beneficial. Wage offer based upon actual education and experience. Comprehensive benefit package. UP TO A $3,000 HIRING BONUS! Apply to: Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, Phone (605) 773-7429, www.cityofpierre.org. Open until filled. EOE.
City Administrator - City of Corcoran, MN. As the Chief Operating Officer of the City, the City Administrator provides leadership to City staff and helps the City Council to define, establish, and attain overall goals and objectives of local government. The City Administrator is responsible for the quality of service provided to citizens by staff and consultants and is responsible for compliance with all legislative, judicial, and administrative obligations. Salary Range: $125,673 to $162,240. Learn more and apply at https:// www.ddahumanresources.com/active-searches. Closes Sept. 11.
City Administrator - City of Dell Rapids, SD. Overseeing all daily operations of the city while serving as the Chief Administrative Officer. Requires a strategic mindset, exceptional leadership skills, and a strong commitment to building a positive culture within the organization. Responsible for personnel management, long-range planning, budget oversight, project leadership, and maintaining excellent relationships with elected officials and the community. Oversees all City Departments, maintains all contracts of the City, serves as the Zoning Administrator and Floodplain Administrator,
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and liaison with the local Dell Rapids Economic Development Corporation. Exempt position. Starting salary is based on qualifications. Full description and applications available at Dell Rapids City Hall, or online at www.cityofdellrapids.org. Closes Sept. 8.
Communications Officer - City of Spearfish, SD. Responsible for performing emergency and non-emergency communications functions. Knowledge and level of competency commonly associated with completion of specialized training in the field of work, in addition to basic skills typically associated with a high school education. Sufficient experience to understand the basic principles relevant to the major duties of the position, usually associated with the completion of an apprenticeship/internship or having had a similar position for one to two years. Apply at www. cityofspearfish.com. Starting wage $20.87 plus $2 per hour rotating shift stipend; comprehensive benefits. $4,000 sign-on bonus. Open until filled. EOE.
Communications Officer – City of Pierre, SD. Works 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. Receiving, processing, and sending radio communications for various Law Enforcement Agencies, Emergency Medical Services,
and local Fire Departments. UP TO $3000 HIRING BONUS! Comprehensive benefit package. Apply to Human Resources Office, City of Pierre, Box 125, Pierre, SD 57501, Phone (605) 7737429 or www.cityofpierre.org. Open until filled. EOE.
Community Service Officer – City of Deadwood, SD. Essential duties include, but are not limited to: Enforcing city ordinances that govern parking and animal control, and assists the public by providing information about parking, historic sites and other city ordinances. Applicant must have good public relations and must observe safe work practices. Starting wage is $19.00 per hour plus benefits. For a complete job description contact the Deadwood Parking & Transportation Department at (605) 5782082. Job applications are available on the City website at www. cityofdeadwood.com. Open until filled. EOE.
Deputy Finance Officer - City of Eureka, SD. The City of Eureka is accepting applications for a part-time Deputy Finance Officer. High school graduate or GED certificate required. Experience in customer service and computer knowledge required. Ability to work well with people is important. No conviction by any state or federal agency for any crime punishable by imprisonment in a federal or state penitentiary. Pay based upon experience. Apply at the City of Eureka, PO Box 655, Eureka, SD 57437. Contact the City Office at 605-284-2441 for more information regarding job description and application. Open until filled. First review of applications Sept. 1.
Deputy Police Officer - City of Tyndall, SD. Responsible for performing routine and professional law enforcement work in a variety of police department activities and to maintain law and order in the City of Tyndall, while under the direct supervision of the Chief of Police and the Mayor. Must meet certain eligibility requirements. Full-time position, salary DOE, benefit package. Submit resume, request application by calling 605-589-3481; by mail at PO Box 29, Tyndall, SD 57066; or by email at tyndalsd@heartlandpower.org. Open until filled. EOE.
Director/Controller – City of Windom, MN. Position is responsible for managing and administration of all finance and accounting functions, supervision of City Hall Staff, and coordination of employee benefit plans. Three years of progressively responsible experience in a municipal finance position or equal private sector position is desired. Supervisory experience preferred. Minimum qualifications include a Bachelor's Degree in Accounting/Finance or closely-related field from an accredited college with a preference for master's degree or CPA. Salary range is $84,198 to $105,664. Application material and position description are available on the City's website (www.windom-mn.com). Open until filled.
Director of Municipal Electric Services - South Dakota Municipal Electric Association (SDMEA). Responsible for overseeing the administration, programs, and strategic plan of the organization. Other key duties include marketing, event planning,
community outreach and education, as well as legislative lobbying during the legislative session and throughout the year. Reports directly to the SDMEA Board of Directors. Salary Range: $55,000$80,000 DOQ. SD Retirement System participation and other benefits. Full description at sdmunicipalleague.org. Apply with letter of application and resume to rhalgerson@swiftel-bmu.com or Brookings Municipal Utilities, C/O Electric Department Manager, 525 Western Ave, PO Box 588, Brookings, SD 57006. Open until filled.
District Manager - Dakota Dunes, SD. (pop. roughly 4,000) Dakota Dunes South Dakota is seeking a candidate to fill the District Manager (city manager) position, a position that has not been open for 23 years. This is a wonderful opportunity to become a part of our very successful Missouri River community. The District Manager position will be responsible for the planning, construction, operation, repair maintenance, and replacement of the district's water, sewer streets, storm drainage, park facilities and systems. (See the job description for a full list of duties). Apply and learn more at https://dakotadunes.com/local-government/jobs. Closes Oct. 15. EOE. Also see our full listing on page 31.
Engineering Technician – City of Watertown, SD. Provides technical support to the Lake Kampeska Watershed Project District (LKWPD). This includes: coordination of shore stabilization, lake quality testing, lake monitoring, and other projects as assigned.
Provides other technical related duties to achieve the objectives of the Engineering Division, including surveying, operating computer aided drafting (CAD), and geographic information systems (GIS); producing plans and specifications for projects; administering projects, conducting research and gathering data; providing information regarding projects; and observing and inspecting construction to ensure compliance. Learn more and apply at www. watertownsd.us/Jobs.aspx. Open until filled. EOE.
Inter Department Operator - City of Custer, SD. Primary purpose of position is to assist in the operation, maintenance and repair of the city's water system, wastewater system, streets, parks and public buildings. Must possess a valid driver's license and reside within 15 miles of the city of Custer. Starting wage DOE and certifications. Full description and applications available at www.custer.govoffice. com. An application must be completed, and resumes may be included with the application, but are not accepted in lieu of an application. Open until filled. EOE.
Library Associate I - City of Rapid City, SD. Help provide excellent customer service to the patrons of the Public Library. Will focus on customer service, communication, and problem-solving while working to meet a wide array of library challenges. Ideal candidate will possess a high level of customer service with an emphasis on communication skills, and be able to think critically and solve problems on their own. Should be able to work collaboratively as
well as independently on assigned projects, exercise judgment regarding library policies and procedures, and be able to deal with conflict in an effective manner. Starting hourly wage is $19.10 plus benefits. Learn more at www.governmentjobs.com/careers/ rapidcity. Open until filled.
Library Associate II - Training - City of Rapid City, SD. Helps develop and implement staff training and evaluate training needs within the library. Works with the public and staff on a daily basis as they work to bring training to staff on library services and tasks. Ideal candidate will possess enthusiasm and aptitude for training groups and individuals, work collaboratively as well as independently on assigned projects, exercise judgment regarding library policies and procedures, and be able to deal with conflict in an effective manner. Starting hourly wage is $19.99 up to $ 21.68 plus benefits. Learn more at www.governmentjobs.com/careers/ rapidcity. Open until filled.
Library Page (part-time) - City of Rapid City, SD. Help provide the community access to diverse information, technology, events, and an ever-growing list of services intended to engage, educate and entertain. The ideal candidate will possess the ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Should have the ability to write routine reports and correspondence and be able to effectively speak with customers or employees of the organization.
Be able to demonstrate customer service skills through the ability to communicate effectively, verbally, and in writing. Starting hourly wage is $13.18. Part-time non-benefited position. Open until filled.
Maintenance - City of Waubay, SD. Applications are being accepted for a full- or part-time city maintenance worker. Duties include snow removal, repair and maintenance of streets, parks, and cemetery. Monitoring maintenance and record keeping of water and sewer systems. Must be able to operate heavy equipment. Must hold a valid SD driver's license with CDL endorsement or must obtain within 90 days of employment. State water and sewer certifications, and pesticide license must be obtained within one year of employment. Salary DOE. Open until filled. EOE.
Park Maintenance Worker – City of Pierre, SD. Performs a variety of building and grounds maintenance and repair duties including irrigation projects. Responsible for snow removal. Maintains grounds by mowing grass along with pruning and removal of trees and shrubs. QUALIFICATIONS: Experience working on irrigation systems would be beneficial. Skill in operating equipment and tools used in park operations such as tractors, mowers, snow removal equipment, tree removal equipment and power tools including chainsaws. Comprehensive benefit package. Wage offer will be based upon actual education and experience. UP TO A $3,000 HIRING BONUS! Apply at www.cityofpierre.org. Open until filled. EOE.
Patrol Officer - City of Pierre, SD. Performs law enforcement & public safety duties as necessary to maintain law & order in the City of Pierre. Must be at least 21 years of age, have a high school
diploma or GED, & pass the police entry level examinations including a background investigation. Prior experience in law enforcement is desirable. Certified officer preferred. Comprehensive benefit package. Up to $3,000 hiring bonus. Apply: Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, (605)773-7429, www.cityofpierre.org. Open until filled. EOE.
Patrol Sergeant - City of Vermillion, SD. Under direction of a Police Chief and Patrol Lieutenant, the Patrol Sergeant supervises Police Officers; performs assignments as directed; and, in the absence of the Police Chief and Patrol Lieutenant, assumes command of the Police Department. This is a public service position that requires unusual hours, rotating shifts, and working under inclement weather conditions and stressful situations. It is required of this position to supervise police officers, and other employees as directed. The position receives general or direct supervision from the Lieutenants and Police Chief. Learn more at https://www. vermillion.us/Jobs.aspx or contact Jack Baustian at 605-677-7050 or jackb@cityofvermillion.com. Open until filled.
Police Officer (full-time) – City of Avon, SD. Operations of the police department, recorded keeping activities, and patrolling the community to maintain public order. Requirements: High School diploma or GED, Valid SD driver's license with acceptable driving recorded, must exercise independent judgment and use discretion during daily patrol activities, must not have criminal convictions that resulted incarcerations, must be available to work all shifts, Prefer Certified. State certification as a law enforcement officer must be completed within one year of hire date. Wage dependent on experience. Full benefits. To apply, send resume to the City of Avon, PO Box 207, Avon, SD 57315. Questions: call 605-286-3694 or email cityavon@gwtc.net. Open until filled.
Police Officer - City of Blaine, MN. Candidates interested in applying must be currently MN POST licensed, eligible to licensed, or successfully complete the reciprocity exam by December 31, 2023. Additional minimum requirements include: US Citizenship & valid driver's license, currently employed as a peace officer or employed within the last six months with a Police or Sheriff's Department as a peace officer. 2023 Salary Range: $44.77 - $48.92 per hour. Application materials are available at (763) 785-6109 or www.blainemn.gov/jobs. Applications reviewed upon receipt. Candidates who have interviewed with our department within the last 12 months need not reapply. Closes Sept. 30. EOE.
Police Officer (Full-Time) – City of Parkston, SD. The City of Parkston is a beautiful progressive growing community located in Southeast South Dakota. The population of Parkston was 1,567 at the 2020 Census. Progressive Department in a Growing Community; Great Hunting and Fishing; Good Proximity to Three Large Communities; Good School District; Supportive City Council and Community; Opportunities for Community Involvement. Starting wage of $18/hr. or Negotiable with Pay Raise After Certification. Wellness Center Membership. 10-hour Shift Schedule Working Every Third Weekend. Uniform allowance and Equipment Provided. Email resume to Chief of Police Matthew Van Der Linden at m.vanderlinden@cityofparkston.org or call 605-9287301 for more information. Open until filled.
Police Officer (Entry Level/Lateral Entry) - City of Vermillion, SD. Duties 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. To learn more about the police officer position and to complete an application, please visit the City of Vermillion's job page: https://www.vermillion.us/ Jobs.aspx or if you have questions about the position please call/ email Jack Baustian at 605-677-7050 or jackb@cityofvermillion. com. Open until filled.
Project Engineer – City of Rapid City, SD. In addition to participating in the master planning, development, maintenance, and improvement of City infrastructure, Project Engineers will mentor entry-level engineers and collaborate with peers to build a team-oriented culture. The ideal candidate will possess the effective communication, mathematical, reasoning, computer, and administrative skills needed to perform necessary duties with a strong work ethic that centers on good teamwork and safety concerns. $38.53 hourly plus benefits. Learn more and apply at https://www.governmentjobs.com/careers/rapidcity. Closes Sept. 30.
Public Works Maintenance - City of Philip, SD. Assist in all phases of maintaining the city streets, water distribution and wastewater system. Also assist with the maintenance of public buildings and open spaces including the airport, rubble site, and swimming pool. Knowledge and experience with all types of equipment is desired. Must hold a valid SD driver’s license. State water and wastewater certifications, and pesticide license must be
obtained within two years of employment. Full time position. Wage DOE with an excellent benefit package. For more information, contact City Administrator Brittany Smith at 605-859-2175 or cityadmin@philipsd.us. Job description and applications are available at https://www.philipsd.us. Open until filled. EOE.
Staff Engineer – City of Rapid City, SD. Participate in the master planning, development, maintenance, and improvement of City infrastructure. The ideal candidate will possess the effective communication, mathematical, reasoning, computer, and administrative skills needed to perform necessary duties with a strong work ethic that centers on good teamwork and safety concerns. Starting salary is $2506.06 biweekly plus benefits. Learn more at www.governmentjobs.com/careers/rapidcity. Closes Sept. 30.
Street Maintenance Tech - City of Milbank, SD. Maintains and repairs streets and alleys in Milbank, including plowing snow. Assists in the ordering of supplies, materials, and stocks for repair and maintenance of items and equipment to continue the operation, repair, and maintenance of streets, department facilities, and equipment as needed. Assists in coordinated activities with other City departments. Assists with mosquito and weed spraying in the summer months, once certified. Full-time position, requiring some weekend and holiday hours. Successful candidate will have a SD driver's license with CDL endorsement. Salary: 13, $19.02
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EVENTS
Champion Sponsor of Friends of the Big Sioux River Earth Day River Clean-Up events
LEARN MORE ABOUT ISG'S COLLABORATION WITH FRIENDS OF THE BIG SIOUX RIVER!
Developed mission video to educate on the importance of clean water in the watershed
Advocated for clean water in the watershed working with schools, community organizations, and professional organizations
Designed “Big Sioux Brew” labels and provided water treatment and collection expertise to make the beer RECENT WATERSHED IMPROVEMENT PROJECTS
Harrisburg Bioswale
Central Sioux Falls Green Infrastructure
- $22.57/hourly DOE. Application and job description found at: https://www.milbanksd.com/city-of-milbank/employment/. Open until filled.
Police Officer - City of Gregory, SD. The City of Gregory has an opening for a police officer. SD certified. A competitive wage with a full benefit package is offered. Applications can be downloaded from the city's website at www.cityofgregory.com or email: info@ cityofgregory.com or contact the Finance Officer at City of Gregory, PO Box 436, Gregory, SD 57533. Phone 605-835-8270. Open until filed. EOE.
Police Officer - City of Milbank, SD. Enforce local, state, and federal laws, prevent and suppress crime and accidents, and promote public safety through community policing principles. Responsible for the investigation of criminal cases as assigned. Full-time position. Salary: Grade 14 Non-certified, $20.35; Grade 15 Certified, $21.78 - $25.94/ hourly DOE. Competitive benefits package. Full description and apply at https://www.milbanksd.com/ city-of-milbank/employment. Open until filled.
Police Officer - City of Spearfish, SD. Enforce local, state, and federal laws, prevent, and suppress crime and accidents, and promote public safety through community policing principles. Responsible for the investigation of criminal cases as assigned. Requirements: Knowledge and level of competency commonly associated with completion of specialized training in the field of work, in addition to basic skills typically associated with a high school education; possession of or ability to readily obtain South Dakota Law Enforcement Certification. Full-time position. Starting wage range: $26.72 - $32.55 per hour plus a $2 per hour rotating shift stipend, competitive benefit package. Full description and apply at www.cityofspearfish.com. Open until filled. EOE.
Traveling Code Enforcement Officer - Code Enforcement Specialists. Code Enforcement Specialists, a rapidly growing independent company specializing in code enforcement for small and medium sized communities, is looking for an individual willing to do some travel and perform code enforcement services. Excellent pay and hours are flexible. Experience is not necessary,
but a background in law enforcement would be helpful. On-the-job training is provided. Please inquire at (605) 208-0786 for details.
Water Maintenance Technician - City of Pierre, SD. Responsible for the installation, repair, & maintenance of all water & 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, & repair of water & sewer lines & mains would be beneficial. Comprehensive benefit package. Wage offer based upon actual education and experience. 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.
Water Superintendent – City of Pierre, SD. Responsible for managing the operations and maintenance of the city’s water treatment plant and distribution system including fiscal operations, construction, maintenance, and administration. Oversees maintenance of distribution system; installation and emergency repair of water mains. Plans, directs, and supervises the operations and maintenance of the water distribution and treatment system. Ensures compliance with local, state, and federal drinking water regulations. Wage offer will be based upon education and experience. Comprehensive benefit package. UP TO $3000 HIRING BONUS! Apply: Laurie Gronlund, HR Director, City of Pierre, PO Box 1253, Pierre SD 57501, (605)773-7429, www.cityofpierre.org. Open until filled. EOE. ■
Find full descriptions, links to applications, more listings, or place an ad online:
SDmunicipa
CLASSIFIEDS POLICY: $50 per submission. SDML members receive classified ads for free as part of their membership. Includes a listing on the SDML classifieds webpage and in the next issue of the SD Municipalities magazine if received by the 10th of the month preceding the publication date. Submissions may be subject to editing. ■
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)
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 – 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)
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)
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)
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) ■
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))
(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)
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)
In October – The State Department of Revenue mails out liquor license 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
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)
No later than November 1 – Delinquent special assessment installments which are payable under the Plan Two option must be certified to the county auditor.
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) ■
“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
