South Dakota Municipalities – Sept. 2024

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SOUTH DAKOTA

MUNICIPALITIES

SEPTEMBER 2024

STAY INFORMED

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DIRECTOR’S NOTES

SARA RANKIN | SDML EXECUTIVE DIRECTOR

The discussion about repealing state sales tax often revolves around its potential to stimulate economic growth and reduce the burden on consumers. However, such a decision has significant ramifications for municipalities, which rely heavily on these funds to support essential services and infrastructure.

State sales tax serves as a critical revenue stream for both state and local governments. In many states, municipalities receive a portion of sales tax revenue, which helps fund a variety of public services including:

Education: Local schools and educational programs rely on these funds for operational costs, infrastructure maintenance, and educational materials.

Public Safety: Police, fire departments, and emergency medical services are often funded, at least in part, by sales tax revenue.

Infrastructure: Maintenance and development of roads, bridges, and public transit systems depend on these funds.

Parks and Recreation: Community facilities and recreational programs benefit from sales tax revenue, enhancing the quality of life for residents.

Initiated Measure 28, which is on the ballot in November, eliminates the sales tax on “anything sold for human consumption,” except alcohol and prepared food. Although this may not have been the original intent of the author of the bill, by using

the phrase “human consumption,” this opened the door for IM-28 to repeal sales tax on a variety of other items such as tobacco, vaping products, candy, soda, paper products, and many more.

The way it is written, IM-28 is in direct conflict with South Dakota Codified Law 10-52-2, which allows cities and towns to impose a sales tax of up to 2% on the same items taxed by the state. This means that if the state cannot tax “anything sold for human consumption,” neither can a city or town. Because of this, the SDML estimates that our cities and towns will lose $51 million annually. The Municipal League recently distributed a resolution for members to pass in support of the opposition of IM-28 and although many municipalities have done so, there are still a few we have yet to hear from.

The repeal of state sales tax presents a complex challenge for municipalities, with far-reaching implications for their budgets and the services they provide. While the intention behind such a repeal might be to stimulate economic activity and reduce consumer costs, the potential financial strain on local governments requires careful consideration and planning. Balancing the benefits of tax reform with the need to sustain municipal services is crucial for ensuring that communities continue to thrive in a changing fiscal landscape.

As November approaches, remember, Don’t Take the Bait…Vote No on IM-28.

My door is always open or feel free to reach me at sara@sdmunicipalleague.org or 605-224-8654.

– Sara

BOARD OF DIRECTORS

PRESIDENT Harry Weller Mayor, Kadoka

1st VICE PRESIDENT

Carolynn Anderson

Finance Officer, Wall

2nd VICE PRESIDENT

Leland Treichel

President of the Board, Roscoe

TRUSTEES

David Barranco

Councilmember, Sioux Falls

Paullyn Carey

Finance Director, Huron

Michelle DeNeui

Finance Officer, Spearfish

Lance Lehmann

Councilmember, Rapid City

Dawn Murphy

Finance Officer, Tea

PAST PRESIDENT

Amy Leon

City Manager, Yankton

Sara Rankin

DISTRICT CHAIRS

Dist. 1 | Mike Grosek Mayor, Webster

Dist. 2 | Jameson Berreth

City Administrator, Madison

Dist. 3 | Derick Wenck Mayor, Harrisburg

Dist. 4 | Chandra Phillips Finance Officer, Winner

Dist. 5 | Kristi Honeywell, City Administrator, Pierre

Dist. 6 | Rick Boschee Mayor, Bowdle

Dist. 7 | Gary Weismantel Mayor, Herreid

Dist. 8 | Brittany Smith

City Administrator, Philip

Dist. 9 | Laurie Woodward

City Administrator/Finance Officer, Custer

Dist. 10 | Gina Carpenter Human Resources Officer, Belle Fourche

LEAGUE STAFF

Executive Director

Jessica Carr Director of Member Engagement

Emilie Miller Director of Marketing and Communications

Lisa Nold Director of Risk Sharing Services

Lori Butler Director of Finance

Jackie Lopour Accounting Assistant

Rob Peterson Director of Municipal Electric Services

Krista Kerns Administrative Services Coordinator

SD Public Assurance Alliance

Lynn Bren Executive Director

Kristina Peterson Deputy Director

Becky Brunsing Member Services Representative

Susan Kiepke Member Services Representative

Paytra Nichols Underwriter

PRESIDENT’S REPORT

HARRY WELLER | SDML PRESIDENT

September already! I can’t believe it.

Attention now turns to the end of summer, with school starting and all the activities many of you will be attending.

One popular activity this month is the South Dakota State Fair in Huron. I recall attending for many years. I greatly enjoyed all the different buildings to walk through, all the displays, and all the people. Then there is root beer, pork chop on a stick, onion rings, cotton candy, and lots more. If you get the chance, go take it in.

September also brings Labor Day, a day set aside to honor the working people. Be sure to set aside time to pay tribute to the contributions and achievements of workers.

Also, most of you are dealing with or have just completed the task of your budgets. I find that to be an unending task.

Looking a bit further ahead, the annual conference of the South Dakota Municipal League is just around the corner. This year we will gather in Sioux Falls in early October. It’s time to register and make arrangements for the 90th anniversary of the SDML. It will be a great time. Your guide to everything SDML24 starts on page 24.

As part of the SDML annual meeting held during the conference, we’ll vote to accept the new Statement of Policy. Members of the four policy committees met late last month to recommend their changes. There were some great discussions and suggestions. Thanks to all who contributed. A list of the suggested changes can be found on page 8. Keep in mind that it’s not too late to comment. Be sure to provide feedback if you have additional thoughts.

I’m going to stop there before I get too far ahead and forget to enjoy what’s happening now. Enjoy the rest of your summer, and I hope to see you all in Sioux Falls for the annual conference.

– President Harry

90 YEARS 1934-2024

Hello! Laurie Gronlund, Human Resources Director for the City of Pierre, where I have worked for 25 years. (Not anywhere close to many of you reading this magazine!)

LAURIE GRONLUND | HUMAN RESOURCES DIRECTOR, CITY OF PIERRE

When asked about my earliest memories of a League function, I smiled. So many great memories throughout all the years. In Pierre, we have been blessed by mayors, commissioners and city administrators that have encouraged participation in all aspects of the SDML.

In the early years, SDML did not have a Human Resources affiliate. Thanks to the dedication of a group of HR Directors/Finance Officers that identified that need, an HR affiliate was formed. I was fortunate to be the first member to hold all of the volunteer office positions of the group!

There are so many opportunities to become involved. As mentioned, there are affiliates for almost all different aspects of municipal government. Employees of other cities are always interested in hearing what is working in your community, if you tried something that was not as successful as you wished, and what you learned from that experience. If you have been employed only for a couple of days/ weeks or you have worked in municipal government for years, please jump in and get involved. Others are in need of your expertise!

It is amazing how much we rely on SDML staff for their expertise on so many issues. No matter the issue, they have always been there to guide us.

The conferences have always been a great way to network. From the golf tournaments, (who knew there are so many talented athletes in this group – I was always reminded that all I lacked in golf prowess was irrelevant – it all was about having laughs and having a great time!), to the fun walk/run early in the morning to

the breakout sessions, general sessions, and most importantly the socializing in the hospitality rooms. We are blessed to have the vast array of individuals who work for municipalities.

In the earlier days, the host community was very involved in assisting with the conference. We have many great memories of decorating picture taking areas at the Ramkota, including the time we had a Lewis and Clark theme so we brought in canoes, fake campfires, and put blue beads in the bottom of fish bowls on all of the tables. Whatever the theme, participants looked forward to dressing the part and making memories.

Because of all of the contacts throughout the SDML, I know help is only a phone call away. Hardly a day goes by that either I send a message asking other HR directors how they handle a situation in their municipality or I receive a message asking me for assistance. So many times, when a message is received, it is something that I realize we have not discussed or implemented, that then sparks an idea for our community.

Congratulations to the SDML on 90 years. I guarantee I will not be here to celebrate the next 90 year anniversary however I know those who replace us will always have the League for support and to remind us how what we do impacts our employees and citizens.

Thank you SMDL – you are the best!

COMMUNITIES FACE $51M BUDGET SHORTFALL WITH IM-28

PROPOSED INITIATED MEASURE A “DISASTER” FOR CITIES AND TOWNS

A new analysis from the South Dakota Municipal League estimates that if IM-28 passes, cities and towns would lose at least $51.5 million in sales tax revenue each year. The fiscal analysis includes IM-28’s impact on each municipality in the state.

IM-28 would reduce municipal sales tax collections in larger communities like Sioux Falls and Rapid City by more than 8 percent, according to the analysis. Smaller towns like Roslyn, Tulare, White River, and Wolsey would see losses above 40 percent. The highest estimated loss would occur in Bonesteel with a 59 percent reduction. The full analysis with city information is available at nosdincometax.com/impact.

“Local governments directly impact the daily lives of South Dakotans,” said Sara Rankin, Executive Director of the Municipal League. “IM-28 would create massive holes in local budgets used for police, roads, parks, and everything residents expect their community to provide. Simply put, IM-28 would be devastating for our daily lives.”

The language in IM-28 conflicts with South Dakota Codified Law 10-52-2, which allows cities and towns to impose a sales tax of up to 2 percent on the same items taxed by the state. This means that if the state cannot tax “anything sold for human consumption,” neither can a city or town.

The poor drafting of IM-28 is referenced in the Attorney General’s explanation of IM-28, which notes that “Judicial or legislative clarification of the measure will be necessary.”

An annual loss of $51.5 million would reduce funding to fix potholes, update infrastructure, staff libraries, operate pools, and maintain parks.

The estimated loss for each municipality was calculated by first aggregating all of the monthly sales tax reports for

communities by SIC code from the Department of Revenue for 2023. Then a percentage was assigned to each SIC code to represent how much of the sales tax revenue generated by businesses under that code comes from consumables. Lastly, those percentages were applied to the 2023 tax data for each community in the state to develop the estimate.

“IM-28 would be a disaster for cities and towns,” said Harry Weller, Mayor of Kadoka and Municipal League President. “In my town of Kadoka, we’ll lose at least 24 percent of our sales tax revenue. Local governments run on lean budgets as it is. If IM-28 passes and we’re barred from collecting sales tax, we’ll have no choice but to increase property taxes.”

IM-28 is on the ballot as an initiated measure in the General Election on Tuesday, November 5, 2024. ■

COMMITTEES SUGGEST CHANGES TO OFFICIAL SDML STATEMENT OF POLICY

SDML Membership Encouraged to Review and Comment on Suggestions

The South Dakota Municipal League (SDML) policy review committees have released this year’s recommended changes to the association’s official Statement of Policy.

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.

“Every year I am impressed by the dedication and thoroughness that the members show in each of these committees,” said Sara Rankin, SDML Executive Director. “Our members

who serve on these policy committees play an integral part in setting the agenda for the upcoming legislative session. We count on them to tell us what challenges they are facing in their communities and what part they see the SDML taking in order to address those issues.”

The next step, said Rankin, is further review and background research by staff. She encourages the membership to review the recommendations and provide feedback.

A list 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/about-statementofpolicy.

Members can submit additional comments online. The policy committees will meet again on Oct. 10 during the SDML annual conference in Sioux Falls 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. 11 before being voted into the official statement of policy by the membership. ►continued p.10

RESOLUTIONS COMMITTEE

Reviews and prepares final recommendations to the Statement of Policy 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

• 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

• Lisa Marson, City Attorney, Brandon

• Kyle Peters, Councilmember, Watertown

• Brittany Smith, City Administrator, Philip

• Misty Summers-Walton, Finance Officer, Hot Springs

• Leland Treichel, President of the Board, Roscoe

MEETS: Oct. 10, Sioux Falls

continued from page 9

COMMITTEE SUGGESTED CHANGES TO THE SDML STATEMENT OF POLICY

Policy committees met Aug. 14 and 15 to conduct initial review of the current SDML policy statement and provide updates in draft form for adoption and finalization at the SDML annual meeting. 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/about-statementofpolicy.

Suggested additions are underlined. Suggested removals are struckthrough.

GENERAL GOVERNMENT COMMITTEE SUGGESTED CHANGES

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

PUBLIC HEALTH, SAFETY AND WELFARE COMMITTEE SUGGESTED CHANGES

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

New Policy: The SDML supports efforts to assist unhoused individuals and families in finding safe & reliable housing.

New Policy: The SDML supports allowing for local control in addressing panhandling.

New Policy: The SDML supports legislation providing the South Dakota Department of Corrections the ability to offer parole services statewide.

New Policy: The SDML supports stricter legislation addressing reckless driving.

New Policy: The SDML supports escalated penalties for habitual offenders.

TAXATION & REVENUE COMMITTEE SUGGESTED CHANGES

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

View full policy with changes online sdmunicipalleague.org/

44. The SDML supports enhanced revenue from the state and federal governments to implement heightened security standards necessitated by any state or federal Homeland Security requirements, including but not limited to cybersecurity. (T&R 2002; 36)

New Policy: The SDML supports local option authority for municipalities to return the municipal portion of sales tax to economic development projects that benefit the community.

New Policy: The SDML encourages Federal entities to release property in order to return it to tax rolls.

PUBLIC WORKS COMMITTEE SUGGESTED CHANGES

Move #12 to Local Control & Home Rule Core Beliefs.

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

New Policy: The SDML supports incentives for utilities based on demand for services, not population.

New Policy: The SDML recognizes the importance of aviation to tourism and economic development in South Dakota. The SDML supports increased funding to support aviation enhancement opportunities statewide.

New Policy: The SDML supports max local control over all aspects of siting short-term rental properties. ■

OPERATE THE WAY

MENTAL HEALTH MEMO

UNLOCKING MENTAL WELLNESS IN 8 MINUTES

You've probably heard of Simon Sinek— he's that guy known for inspiring talks and books about leadership and finding purpose in what we do. But one of his lesser-known gems is the question he poses: "Do You Have 8 Minutes?" It might seem like a simple question, but its implications for mental health are profound.

So, what's the deal with these 8 minutes? Sinek suggests that dedicating just 8 minutes a day to activities like mindfulness, meditation, or reflection can significantly improve our mental

well-being. In today's fast-paced world, where stress and anxiety are all too common, taking even a brief amount of time to prioritize our mental health can make a world of difference.

But how exactly does this relate to mental health? Well, think of it like this: Our brains are constantly bombarded with information and stimuli, from social media notifications to school and work demands. This non-stop barrage can leave us feeling overwhelmed and drained. By setting aside 8 minutes each day for practices like deep

breathing or meditation, we give our minds a chance to reset and recharge. It's like hitting the reset button on a computer—it helps us clear away the mental clutter and approach life with renewed clarity and focus.

Moreover, engaging in these mindfulness practices has been shown to reduce stress, anxiety, and even symptoms of depression. When we take the time to quiet our minds and connect with the present moment, we become better equipped to handle life's challenges with grace and resilience.

But perhaps the most significant aspect of Sinek's message is the idea of intentional living. By consciously carving out time for self-care and reflection, we reclaim control over our lives and align our actions with our values and goals. This sense of purpose and alignment not only enhances our mental well-being but also empowers us to lead more fulfilling and meaningful lives.

Sinek's "Do You Have 8 Minutes?" serves as a reminder that mental health is not something to be overlooked or pushed to the side—it's an essential part of our overall well-being. By dedicating just a fraction of our day to nurturing our minds, we can cultivate greater resilience, happiness, and fulfillment. So the next time you find yourself caught up in the chaos of life, ask yourself: "Do I have 8 minutes?" Your mental health will thank you for it.

For professional help, please call, text or chat 988 at https://988lifeline.org/chat/.

To access free mindfulness videos visit: https://www.youtube. com/@SDBehavioralHealth. ■

The mission of the Human Services Center is to provide individuals with a mental health or substance use disorder or both with effective, individualized professional treatment enabling them to achieve their highest level of personal independence in the most therapeutic environment.

The mission of the Division of Behavioral Health is to strengthen and support children and adults through community-based substance use disorder and mental health treatment services, crisis and prevention services, recovery support services, and psychiatric hospitalization.

To read previous editions of the Mental Health Memo visit https://dss.sd.gov/ keyresources/news.aspx#mhmemo

2023-2024 SUPREME COURT TERM ROUNDUP:

DECISIONS IMPORTANT TO LOCAL GOVERNMENT

STEPHANIE MARTINEZ-RUCKMAN AND MCKAIA DYKEMA | NLC

In their 2023-2024 term, the Supreme Court of the United States (SCOTUS) issued decisions that directly impact local governments on issues including the constitutionality of collecting impact fees, local authority to make regulations on the matter of homelessness, Title VII employment issues and public officials’ usage of social media. Consistent with our legal advocacy and through our partnership with the Local Government Legal Center (LGLC), the National League of Cities (NLC) participated in amicus briefs presenting sound and persuasive legal arguments to the court on principles and issues important to good municipal government.

This article breaks down the most significant SCOTUS rulings and their implications for local governments from this past term. Understanding these decisions is essential for local officials to navigate the changing legal landscape and effectively serve their communities.

GRANTS PASS V. JOHNSON

The issue in this case was whether the City of Grants Pass’ enforcement of an ordinance banning public camping against involuntarily homeless individuals violated the Eighth Amendment’s protection against cruel and unusual punishment.

The Supreme Court’s decision concluded the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit the enforcement of generally applicable laws regulating camping on public property. The majority stressed that the cruel and unusual punishment clause has largely applied to legal issues relating to methods of punishment and not whether certain conduct can be criminalized. Additionally, the majority reasoned that the Eighth Amendment “does not authorize federal judges… to dictate this Nation’s homelessness policy.”

Reprinted from National League of Cities, www.nlc.org.

This decision was a major win for local governments as it provided clarity around whether local governments have the authority to regulate the health and safety of their residents in accordance with local needs and conditions. The case itself highlighted the complexities of the homeless crisis across the nation but ultimately turned the hard task of solving the homeless crisis to state and local policymakers, where it belongs, with resource support from the federal government.

NLC filed a brief in this case along with the founding partners of the LGLC. This brief was cited an unprecedented 18 times in the court’s opinion. You can learn more about the details of the case and the decision in the NCL blog post (www.nlc.org/article/2024/06/28).

LINDKE V. FREED

The issue in this case was whether a public official’s social media activity is considered “state action” subject to the First Amendment.

The Supreme Court held in a unanimous decision that a public official’s social media posts are state action “only if the official (1) possessed the actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when [they] spoke on social media. The court also noted that the line between private and state action can be “difficult to draw” but the court emphasized that public officials have their own First Amendment rights, including rights to speak about their employment, that they do not relinquish simply by becoming public officials.

The court’s decision also provided guidance and hypotheticals, which may prove to be useful to local governments as they update their policies and train staff on the implications of this ruling. NLC filed an amicus brief in this case

along with the LGLC. You can learn more about the details of this decision in the NLC blog post (www.nlc.org/ article/2024/03/22).

UNITED STATES V. RAHIMI

The issue in this case was whether a federal statute that prohibits the possession of firearms by persons subject to domestic violence restraining orders violated the Second Amendment.

In an 8-1 decision, the Supreme Court found that this prohibition does not violate the Second Amendment. The court applied the New York State Rifle & Pistol Assn., Inc. v. Bruen’s ‘history and tradition’ test, and concluded that since the founding of the nation, the regulation of firearms has included “provisions preventing individuals who threaten physical harm to others from misusing firearms.” The majority found that viewing together two earlier firearm laws in English and U.S. history, they “confirm… When an individual poses a clear threat of violence to another, the threatening individual may be disarmed.” The earlier laws in history were found to be sufficiently similar to the federal statute and therefore, is a constitutional regulation.

NLC filed a brief in this case along with the United States Conference of Mayors and the International Municipal Lawyers Association consistent with provisions in our National Municipal Policy and in support of the direct impact on city first responders. Importantly for local governments, domestic violence incidents are among the most dangerous for law enforcement and other first responders.

MULDROW V. CITY OF ST. LOUIS

The issue in this employment law case was whether Title VII prohibits discrimination in transfer decisions absent a separate court determination

that the transfer decision caused a “materially significant disadvantage.”

The court ruled in another unanimous decision that an employee who challenges a job transfer under Title VII of the Civil Rights Act of 1964 need not show the transfer brought about “material harm” to bring forth a successful claim against their employer. However, the court concluded that the claimant must show “some harm from a forced transfer” although that harm need not be serious or significant.

In their decision, the court acknowledged the sweeping nature of their ruling and noted that their holding “lowers the bar Title VII plaintiffs must meet.” Local governments should consult with their city attorney and human resource departments to examine their policies surrounding employee transfers and ensure proper training is conducted to limit liability. To read more about the decision, read the NLC blog post (www.

nlc.org/article/2024/04/30). NLC also filed an amicus brief in this case with partners of the LGLC.

LOPER BRIGHT ENTERPRISES V. RAIMONDO

Broadly speaking, the issue in this case was whether the court should overrule a previous decision in Chevron v. Natural Resources Defense Council or at least clarify whether statutory silence creates an ambiguity that requires deference to the agency’s interpretation.

Under the previously applicable Chevron doctrine, if Congress had not directly addressed the question at the center of a dispute on the administration of federal laws, courts were required to defer and uphold the pertinent federal agency’s interpretation of the statute so long it was reasonable. In this decision, the majority struck down this doctrine and held that the Chevron doctrine violated the Administrative Procedure Act (APA). The court determined that

the APA requires courts to exercise independent judgment in determining whether an agency has acted within their statutory authority for ambiguous laws, and courts should not defer to an agency’s interpretation alone but may still “seek aid” from the agency in their determination.

This decision is likely to have farreaching effects on various issues, from environmental regulations to healthcare costs. However, what this means exactly for local governments is not certain. There are likely to be areas where courts will be more willing to strike down agency regulations that benefit local governments as regulated entities, but other times where this action may hurt local governments and their community priorities.

SCHEETZ V. EL DORADO COUNTY

The issue in this case was whether legislative monetary exactions (impact

fees) imposed by local governments as a condition for a building permit are subject to the “essential nexus” and “rough proportionality” requirements from previously established cases (Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon).

In a unanimous decision, the court narrowly determined that legislatively enacted impact fees are not exempt from the requirements listed above. As such, local governments that impose impact fees are now subject to a standard requiring them to demonstrate the relationship and relative impact of the development on the community.

Importantly, for local governments that issue impact fees, this decision does not prevent local governments from enacting reasonable permitting conditions, including impact fees, via passed legislation. However, given this recent decision, local governments will want to ensure that legislatively imposed impact fees comply with the requirements from the Nollan and Dolan cases. To help local leaders understand the impact of this decision, NLC drafted a blog article (www.nlc. org/article/2024/04/25). NLC filed an amicus brief in this case with the LGLC

and the City/County of San Francisco.

GONZALEZ V. TREVINO

The issue in this case was whether objective evidence was enough to meet the probable cause exception in Nieves v. Barlett to move forward with a retaliatory arrest claim.

Under the 2019 decision in Nieves v. Barlett, the court ruled a plaintiff can generally only bring forth a retaliatory arrest claim if they can show there was no probable cause for the arrest. In this decision, the court concluded that a plaintiff may show other types of objective evidence, and the 5th Circuit’s prior ruling had construed the Nieves exemption too broadly. The court reasoned that “[a]lthough the Nieves exception is slim, the demand for virtually identical and identifiable comparators goes too far.” The only express limit on the type of evidence a plaintiff can present is that it must be objective and the survey that Gonzalez made of the types of crimes charged under the statute satisfied the requirement.

The decision means that more plaintiffs may be able to bring a retaliatory arrest claim under the Nieves exception by utilizing any form of objective evidence.

However, the court still emphasized that the exception is narrow. Local governments should continue to defend these claims on that ground. NLC filed a brief in this case with our partners at the LGLC arguing for a narrow and objective exception under Nieves.

CHIAVERINI V. CITY OF NAPOLEON

The issue in this case was whether Fourth Amendment malicious-prosecution claims could proceed under the chargespecific rule so long as other charges brought alongside the baseless charge are supported by probable cause.

In their decision, the court narrowly found that probable cause for one charge in a criminal proceeding does not defeat a claim for malicious prosecution under the Fourth Amendment as that claim relates to another baseless charge. In other words, valid charges cannot insulate a local government from a Fourth Amendment malicious prosecution claim related to invalid charges. NLC filed a brief in this case with our partners at the LGLC.

ADDITIONAL DECISIONS

The Court also issued two additional decisions of interest to local governments in Ohio v. EPA and Harrington v. Purdue

Pharma.

In Ohio v. EPA, the Supreme Court granted a group of states’ application for a stay of the EPA’s Good Neighbor Rule, which pertains to emissions control measures for those states. The case came to the court on its emergency docket and is not a decision on the merits. The holding signifies that the court’s majority believed the states were likely to prevail on the merits of their claims that the EPA’s Federal Implementation Plan for nitrous oxide emissions control measures, which included “downwind ozone air quality improvements,” was arbitrary and capricious under the Administrative Procedure Act and therefore unlawful.

In Harrington v. Purdue Pharma, the court ruled that the Bankruptcy Code “does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims

against a non-debtor without the consent of affected claimants.” The “non-debtor” in this instance was a group of Sackler family members–formerly owners, officers, and directors of Purdue–who transferred to themselves more than $11 billion from the company as they saw the specter of massive litigation arising. In order to avoid personal liability arising from their role in Purdue’s irresponsible and fraudulent practices in the marketing and sale of OxyContin, they offered to contribute $6 billion of those assets back into the Purdue bankruptcy. In exchange for that contribution, they would be released from all personal liability relating to Purdue, its products, and their ostensibly fraudulent transfer of money from the company. Some observers predict that this decision will effectively destroy the Chapter 11 proceeding and unleash multiple claims against the Sacklers. ■

STATE SURPLUS EQUIPMENT

Municipal road departments can purchase surplus heavy equipment at a discount through the State of South Dakota’s Property Management Division.

• City, county, township, and tribal governments get first opportunity to purchase equipment before offering it to the public.

• Equipment is SDDOT surplus and includes items such as mowers, plows, trailers, and more.

• Public auctions will be held the week of Sept. 9 in Aberdeen, Mitchell, Fort Pierre, and Sturgis. Municipalities can participate.

• Sign up for surplus alerts at https:// boa.sd.gov/central-services/ property-management.

• More info: (605) 773-4935 or surplus. property@state.sd.us.

SD RECEIVES PRESIDENTIAL DISASTER DECLARATION AFTER HISTORIC FLOODING

PIERRE, S.D. – South Dakota has received a presidential disaster declaration due to the historic 1,000year flooding event that occurred between June 16 and July 8, 2024. Twenty-five counties have received disaster assistance from the Federal Emergency Management Agency (FEMA), and four of those counties have qualified for individual assistance for residents and business owners.

“South Dakota has worked tremendously hard to get to this point and will continue working to rebuild our communities. I am so proud of our people,” said Governor Kristi Noem. “This event was unprecedented, but our response was exactly what South

Spethman, Jr.

Dakota always does. We work together to get our neighbors back on their feet.”

Residents and business owners in the following four counties qualifi ed for individual assistance: Davison, Lincoln, Turner, and Union. Residents must contact FEMA to register.

Disaster Recovery Center dates and locations will be announced very soon. It is not necessary to go to a center to apply for FEMA assistance. Impacted individuals located within one of these counties can go online to disasterassistance.gov, call 800-6213362 or use the FEMA mobile app to apply.

In addition, federal funding is available to state, tribal, eligible local governments, and certain private nonprofit organizations on a costsharing basis for emergency work and the repair or replacement of facilities damaged by the flooding in the following 25 counties: Aurora, Bennett, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hand, Hanson, Hutchinson, Jackson, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Tripp, Turner, Union, and Yankton.

For those local communities, the cost share will be 75% federal, 15% state, and 10% local. These local entities will work with state and FEMA officials to obtain this assistance. ■

Strong Public Finance Partner in South Dakota

Mount Rushmore Evening Lighting Ceremony, Keystone

Starting Sept. 14

Mazing Acres Fall Festival, Yankton

Black Hills Farmers Market, Rapid City

Black Hills Farmers Market, Rapid City

Falls Park Farmer's Market, Sioux Falls

Market at the Meridian, Yankton

Starting Sept. 14

Mazing Acres Fall Festival, Yankton

Dakota Five-O, Spearfish

1880 Train Old West Shootout, Hill City

Studebaker Car Show, Custer

Ends Sept. 1

Mustang Rally, Sturgis

Ends Sept. 2

South Dakota State Fair, Huron

Sept. 4-7

Sturgis Off-Road Rally, Sturgis

1st Fridays on Main, Mitchell

Levitt at the Falls: LowDown Brass Band, Sioux Falls

Sept. 6-7

Ribs, Rods & Rock n' Roll, Vermillion

Dakota Rods & Classics Show and Shine, Sturgis

1880 Train Wine Express, Hill City

Levitt at the Falls: Randy McAllister and the Scrappiest Band in the Motherland, Sioux Falls

Sidewalk Arts Festival, Sioux Falls

Sept. 7-8

Quilt Show, Hill City

Black Hills Beer Run, Spearfish

Sept. 9-15

Sanford International Golf Tournament, Sioux Falls

Sept. 12-15

South Dakota Film Festival, Aberdeen

Levitt at the Falls: Las Guaracheras, Sioux Falls

Sept. 13-14

Deadwood Jam, Deadwood

Sept. 13-14

Black Hills Polkapalooza at Palmer Gulch, Hill City

Levitt at the Falls: Marcella Simien, Sioux Falls

Sept. 19-21

Black Hills Plein Air Paint-Out, Hill City

Sept. 20-22

North Country Fiber Fair, Watertown

Sept. 20-22

Mickelson Trail Trek, Lead

Sept. 20-22

South Dakota Festival of Books, Brookings

Sept. 20-22

Black Hills Photo Shootout, Hot Springs

Mount Rushmore Half Marathon, Hermosa

St. Joseph's Indian School Powwow, Chamberlain

Sept. 21-22

Pioneer Power Show, Menno

1880 Train Old West Shootout, Hill City

Sept. 26-28

Buffalo Roundup & Arts Festival, Custer State Park

Community Vitality

Sept. 26-28

Cinch Playoffs, Sioux Falls

Sept. 27-29

Black Hills Film Festival, Hill City

Sept. 27-29

SiouxperCon, Sioux Falls

1880 Train Oktoberfest Express, Hill City

Community Chili Cook-off, Watertown

Great Downtown Pumpkin Festival, Rapid City

Sept. 28-29

Wheelin' to Wall, Wall

Fall Volksmarch, Crazy Horse Memorial

Marketing Hometown America

Marketing Hometown America empowers communities to create a vision to attract new residents. Designed as a tool to create dialogue that moves people toward action, it can be the spark to help a rural community look at itself in a new way.

“Marketing Hometown America has inspired me to become more involved in my community. As someone who is a transplant, it helped me meet more people. With these people, we have made changes and worked to keep things in our community, such as our local Achievement Days. Those people have also become my friends. There is something different in a small town, you and your voice can make a difference. You can start things and it doesn’t take a lot of money to make it happen. Would we have the new opportunities happening without Marketing Hometown America? I don’t think so. It has given us the guidance to move forward with our goals and dreams. Plus, we can see our future as a thriving community.”

—Beth

Simonson, Highmore, SD

DELL RAPIDS

SHELDON JENSEN | COMMUNITY DEVELOPMENT DIRECTOR

Dell Rapids has been known as the “Little City with the Big Attractions” since the mid 1900s.

The town’s original attraction was the quarry industry. The town’s two quarries have provided quality employment for longer than the city has been incorporated. Dell Rapids has continued to grow along with the entire Sioux Falls Metro area, reaching a population of over 4,000 people in 2024.

Dell Rapids is not only built on a rock foundation, but also has the scenic Big Sioux River running through town. The Dells of the Big Sioux, our namesake, offer beautiful sights and experiences along its exposed quartzite cliffs. In 2022, Dell Rapids was approached by the Great Plains Climbing Coalition about creating a climbing management plan. Following the plan, the organization installed permanent anchors along the quartzite rock faces of the Dells. Over 1,000 climbs have been tracked along the various routes, bringing people to Dell Rapids from across the Midwest.

Dell Rapids Fourth Street is home to our historic Downtown District and in July of 2024, the City of Dell Rapids cemented its stake in the future of downtown. After purchasing and renovating a vacant building, the City moved into its new City Hall with space for growth. This is a strategic investment to remain in the heart of our historic Downtown supporting our retail business sector and continuing to be accessible to all residents and visitors. While a city hall might not typically be deemed a “big attraction,” the City used this project to support the community for decades to come.

The biggest attraction in the new city hall project is the new Riverside Event Center. This 170-person room features a catering kitchen, full bar, and state-of-the art AV technology.

The community was in need of a high-quality meeting and event space for weddings, corporate events, and other gatherings. We have already seen several inquiries and a handful of bookings for 2025. By pairing the City’s need for more office space, a conference room, and a larger council chamber with the community’s desire for a larger event room, the City has been able to maximize the tax dollars used in this project.

The community is also investing in other attractions such as new sections to the Sioux River Red Rock Trail, a reconstructed truck route, a new park pavilion, and so much more. Dell Rapids continually looks for that next Big Attraction to promote our Little City. ■

Water Tower

Rock Climbers in the Dells

New Downtown City Hall

JESSICA CARR JOINS SDML STAFF AS DIRECTOR OF MEMBER ENGAGEMENT

Jessica Carr, Pierre, joined the South Dakota Municipal League (SDML) late last month as the Director of Member Engagement.

Carr holds a Bachelor’s degree in elementary education from the University of South Dakota and a Master’s degree in differentiated instruction as well as an educational specialist degree in leadership/administration from Concordia University – St. Paul.

Carr’s background includes over 10 years in education as teacher in the Pierre School District and as a seasonal program coordinator for the SD Game, Fish, and Parks. She most recently served as the Program Coordinator and

Assistant Professor of Business for the inaugural Learn and Earn Program in Pierre, a program developed through Dakota Wesleyan University.

Carr is a Pierre native and makes her home there with her family. In her spare time, she and her family enjoy exploring the outdoors and being involved in the community.

As the director of member engagement, Carr serves as the members' point of contact for questions concerning municipal government and is the League's main contact with the affiliate groups. She handles all technical questions from members as well as meeting and conference planning.

A Firm Legacy of Service

Carr fills the position previously held by Sara Rankin, who was named SDML executive director in May. ■

J. Vincent Jones / Shareholder

WELCOME TO SIOUX FALLS

South Dakota Colleagues,

We are looking forward to welcoming you to Sioux Falls next month for the 2024 South Dakota Municipal League Annual Conference! It will be an absolute honor to have you in our vibrant city.

South Dakota thrives because of the unwavering dedication and hard work of public servants like you. Your commitment to your communities is what makes our state truly exceptional. This conference is your opportunity to grow, connect, and recharge for the vital work ahead.

Take this time to reconnect with old friends and make new ones. Engage with fellow municipal employees and elected officials. And while you are in Sioux Falls, immerse yourself in everything our community has to offer. We prioritize keeping our growing city investible, creating a place where new ideas thrive. From our top-notch dining to unique shopping and endless entertainment opportunities, our city is ready to welcome you with open arms. I also know our teams have been busy creating an itinerary that will allow for fellowship, learning, and fun as we look forward to hosting you in our city.

On behalf of the City of Sioux Falls, thank you for choosing us to host this year’s SDML Annual Conference. Let’s make this event a cornerstone of growth and inspiration for all of us, enriching our communities and the great state of South Dakota.

Enjoy your stay next month, and let’s make it a memorable one!

Warm regards,

Mayor Paul TenHaken Sioux Falls,

South Dakota

October 8-11, 2024 | Sioux Falls, SD

TIPS FOR A SUCCESSFUL CONFERENCE

BEFORE YOU GO

Bring a good idea from home to share and a supply of business cards. If your city has promotional stickers or pins, bring a supply to share to make your hometown visible and help you make connections.

MAKE A PLAN

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

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

ATTEND THE SESSIONS

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

TAKE NOTES

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

RECAP DAILY

Each evening as you wind down from the day of sensory overload, review

VISIT THE EXHIBITS!

Wed | 8 a.m.-4 p.m.

Wed | Social 5-6 p.m.

Thurs | 8-11 a.m.

your session notes and jot down the top three discoveries. What were the most important, pertinent, 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.

NETWORK

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 questions. What part of the conference have they enjoyed most so far? How long have they held their position? What are the biggest issues their community faces? You may have common concerns to explore or discover solutions that other communities have developed for similar issues.

VISIT THE EXHIBITS

Exhibitors are experts in their field and have a lot of experience working with municipalities. They can be great sources of information and solutions for municipal concerns. Exhibits are open Wednesday 8 a.m.-4 p.m. and Thursday 8-11 a.m. Be sure to complete your Visit the Exhibits card to be eligible for prize drawings.

PARTICIPATE IN POLICY COMMITTEES

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

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 gift card prizes!

Prices increase after Sept. 15, 2024.

VOTE

Make sure your municipality has a voting delegate at the business meeting on Friday morning so your voice is counted in the election of League board members and the adoption of the Statement of Policy.

RECHARGE

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

GET YOUR MONEY'S WORTH

Know what it costs your municipality to send you to the conference and be prepared to talk about all the benefits your local government receives as a result. Municipal government is a lot like parenthood. It is impossible to know all about it until you are in the thick of it. There is a lot of on-the-job learning –and the SDML Conference is the single best forum for learning about municipal governance in South Dakota. ■

CONFERENCE AGENDA

Agenda subject to change. All sessions take place at the Sioux Falls Ramkota Hotel unless indicated. Visit www.sdmunicipalleague.org for the most current information.

Tuesday, Oct. 8 (Pre-conference)

1 p.m. Golf Scramble, Elmwood Golf Course Sponsored by the City of Sioux Falls and the SD Municipal League.

7 p.m. SDML Board of Directors Meeting

5-7 p.m. Exhibitor Set Up

Wednesday, Oct. 9

7-8 a.m. Exhibitor Set Up

8 a.m.-5 p.m. Registration

8 a.m.-4 p.m. Exhibits Open

9 a.m. Orientation for New Attendees

8-10 a.m. Affiliate Meeting: Finance Officers (SDGFOA)

9 a.m.-12 p.m. Affiliate Meetings: City Managers (SDCMA), Code Enforcement (SoDACE), Street Maintenance (SDMSMA)

10 a.m.-12 p.m. Affiliate Meeting: Human Resources (SDGHRA)

10:30 a.m. Elected Officials Workshop

12 p.m. Safety Awards Luncheon Sponsored by the South Dakota Public Assurance Alliance and SDML Workers' Compensation Fund.

1-3 p.m. Pooling Meetings Featuring Pooling Plinko!

1-4 p.m. Affiliate Meetings: Airport Managers (SDAMA); Attorneys (SDMAA); Electric (SDMEA); Building Officials (SDBOA)

1:30-4:30 p.m. Guided Tours: Development and Infrastructure; Jacobson Plaza and Big Sioux River Greenway; Public Safety Training Campus; Water Reclamation Plant

4 p.m. SDML Committee Meetings: Policy Committees; Auditing Committee; Nominating Committee

5-6 p.m. Exhibit Area Social Sponsored by the exhibitors.

6 p.m. Night on the Town, Downtown Sioux Falls

Thursday, Oct. 10

7 a.m. Wake-up Wellness

Sponsored by the Health Pool of SD, SDML Workers' Compensation Fund, and the South Dakota Public Assurance Alliance.

7:30 a.m. Breakfast Sponsored by D. A. Davidson.

7:30 a.m. Past Presidents Breakfast

8-11 a.m. Exhibits Open

8 a.m. SDML Resolutions Committee

9 a.m.-12 p.m. Keynote Matt Lehrman: A Community of Possibilities

11 a.m. Exhibitor Tear-Down

12 p.m. Excellence in Municipal Government Luncheon Sponsored by the First National Bank in Sioux Falls and BankWest.Inc.

1:30 p.m. Fire Chiefs Meeting

1:30 p.m. Public Works Meeting

1:30-3 p.m. General Session: First Amendment Audits

3:30-5 p.m. General Session: Working with a Difficult Council

5:30 p.m. President Harry's Reception

6:30 p.m. Casino Royale Sponsored by Colliers Securities LLC.

Friday, Oct. 11

7:30 a.m. Breakfast

8:30 a.m. General Session: Artificial Intelligence and What it Means for the Future

9:30 a.m. General Session: IM-28 Update

10:30 a.m. SDML Annual Business Meeting and Election

CONFERENCE ATTIRE (SUGGESTED)

Tues: Casual

Wed & Thurs: Business Casual

Thurs Night Casino Royale: Black Tie-esque*

Fri: Hometown Pride

* Prizes will be awarded to the best dressed municipality

GOLF SCRAMBLE

Tues. Afternoon (Pre-conference Event) | Open to all skill levels. Elmwood Golf Course; 9 holes; 4-person scramble; shotgun start. Cash and other prizes awarded. Not included in registration packages. $35 per golfer.

Sponsored by the City of Sioux Falls and the SDML.

NIGHT ON THE TOWN

Wed. Night | Join us in Downtown Sioux Falls for a welcome reception with drinks and hors d'oeuvres, then head out to explore the numerous dining opportunities on your own. Transportation to and from Cherapa Place in downtown Sioux Falls provided. Meals on your own.

WAKE-UP WELLNESS

Thurs. Morning | Start your day with a 5K walk/run! Transportation to and from starting point provided. Participants receive a free gift.

Sponsored by the Health Pool of South Dakota, SDML Workers' Compensation Fund, and the South Dakota Public Assurance Alliance.

ANNUAL MEETING AND ELECTION

Fri. Morning | Help determine the direction of the SD Municipal League. We'll hear updates and reports, discuss the 2025 Statement of Policy, and elect new officers. Includes door prize drawings; must be present to win. Open to and encouraged for all SDML member municipalities.

A COMMUNITY OF POSSIBILITIES

Matt Lehrman, Keynote Speaker | Discover the power of "ideastructure" – the means by which cities and towns construct resilient pathways and systems that engage residents in shaping long-term priorities. Acquire practical strategies and inspiring insights founded on the core belief that where people work together courageously, their potential is unlimited.

EXCELLENCE LUNCHEON

Thurs. Noon | Features the induction ceremony for the newest class of the SDML Hall of Fame, and announcement of the winner of the prestigious Excellence in Municipal Government Award. Sponsored by the First National Bank in Sioux Falls and BankWest, Inc.

CASINO ROYALE

Thurs. Night | Help SDML celebrate 90 years with a night of casino-themed games, food, and entertainment at the Ramkota. Prizes will be awarded to the best dressed municipality.

Sponsored by Colliers Securities LLC.

LEAGUE T-SHIRT

Member Exclusive | Get an SDML-branded t-shirt featuring the League's new logo on the front! Order now and pick up during conference check-in. $15 each. Order by Sept. 15.

October 8-11, 2024 | Sioux Falls,

SD

SD Tourism

Matt Lehrman

SDPAA NEWS

LYNN BREN | SDPAA EXECUTIVE DIRECTOR

Welcome!

In the past year, we have talked about change. Changes in your organization and in your organizational culture, and how that change can impact your external customers. The SDPAA is not immune to change. Change offers the opportunity for growth. While the SDPAA’s growth is usually Member related, this month we are thrilled to introduce you to the newest member of our team!

Susan Kiepke joins the SDPAA after a long tenure as the Davison County Auditor in Mitchell, South Dakota. When the SDPAA position became available, Susan saw this as an opportunity for change, to learn something new, and to start a new adventure! Susan will be collaborating with Members and opportunities across South Dakota as a Member Services Representative. For those who know and loved working with Susan in her Auditor capacity, fear not, you will still get to see her at all of the events that you usually see SDPAA staff!

Susan worked in the Davison County Auditor’s office for 18 years as Deputy Auditor and then Auditor. Susan and her husband live in Mitchell. She is the proud stepmom to two children and

grandma to five! Susan is incredibly involved in her community, serving by being a guardian for a gentleman, as well as serving as a volunteer for the Mitchell Food Pantry, Mitchell’s Chamber of Commerce, her church, and Lifequest. Susan brings with her a host of leadership knowledge, having served on numerous local and national boards including NACo, her local Rotary chapter, her church, and Chamber of Commerce.

We are extremely excited and grateful to have Susan on our team. We are thankful that Jerry Krambeck will stay on board to help us bring Susan on and teach her all the ins and outs of Member Services.

We won’t ever be quite ready to say goodbye to Jerry, but you will have the opportunity to wish him well during the upcoming SDACC Annual Convention and the SDML League Annual Conference.

With this change comes another challenge… you see, the SDPAA doesn’t experience much turnover. We will be exploring internally the difference between orientation and onboarding! Many organizations see

these as synonyms… unfortunately while they are complimentary, the are not the same. Stay tuned next month for Orientation vs Onboarding!

Until then, please stay safe and remember to call the sender before you click the link or open the attachment! ■

The SDPAA offers property and casualty coverage to public entities across South Dakota. If you have questions about resources offered by the SDPAA, or the opportunity to become a Member, please reach out to us using contact information found on our website at: www.sdpaaonline.org

SUSAN KIEPKE, Mitchell, recently joined the SDPAA as a Member Services Representative.

DANR COMMUNITY FORESTRY GRANT OPEN THROUGH SEPT

Applications for the Community Forestry Grant through the SD Department of Agriculture and Natural Resources (DANR) will be taken through the end of September.

The grants fund community forestry projects that solve a specific community forestry problem or demonstrate the importance of trees in our communities.

Grants have a maximum limit of $5,000. A match is required and may be met through volunteer labor, donated and/ or purchased supplies, or actual cash expenditures.

Eligible projects include funds spent on professional services, tree inventory/

assessment, existing tree care and maintenance, education/training, new tree planting, urban food forest, and other related activities.

Grant applications are accepted throughout the year, but are only considered when the grant round is open. The grant round begins September 1 each year. Applications for that round are accepted until the end of the month.

Application forms are available at https://danr.sd.gov. For assistance with applications and grant questions, DANR recommends contacting your local service forester. Contact information can be found on the grant webpage. ■

DO YOU HAVE CITY NEWS TO SHARE?

Let us know! Submit a short piece (250 words) about what's going on in your city, such as accomplishments, employee milestones, or facility openings. Include an image if possible.

Got a bigger story to tell? It might be a good fit for a feature story! Submit your idea today.

Submit news and story ideas to: emilie@sdmunicipalleague.org

RISK-SHARING NEWS

TRACIE EVERSON | SAFETY BENEFITS, INC.

Ergonomics in the Workplace

When thinking of ergonomics at work (if you never think about ergonomics at work, you should!) many of us immediately picture the diagram illustrating how to properly set up a computer workstation. In reality, ergonomic hazards may exist and should be evaluated in many areas of the workplace – work bench, customer service counter, equipment operator’s seat, hand/power tool use, lifting, pushing, pulling, etc. If you never think about ergonomics at work because you don’t know exactly what ergonomics is, please read on.

Ergonomics is the science of fitting jobs to workers instead of trying to get the worker to fit the job. It focuses on designing workstations, tools and tasks for safety, efficiency, and comfort. The goal of ergonomics is to decrease fatigue and injuries while at the same time increasing comfort and safety.

Ergonomics is important because when you’re doing a task and your body is stressed by an awkward posture, extreme temperature, or repeated movement your musculoskeletal system is affected. Your body may begin to have symptoms such as fatigue, discomfort, or pain,

which can be signs of a musculoskeletal disorder.

Musculoskeletal disorders (MSDs) are injuries to muscles, tendons, ligaments, joints, nerves, and discs caused or aggravated by action and/ or an environment that does not follow safe and healthy work practices. Such injuries are costly and can significantly reduce worker comfort, productivity, and morale. MSDs are also more likely than many other workplace injuries to take an extended period of time to heal – sometimes creating the need for a worker to be away from work for a period of time or to be assigned alternate tasks while recovering.

A common MSD is carpal tunnel syndrome which occurs when the nerve that runs from the forearm into the palm of the hand becomes pressed or squeezed at the wrist. The carpal tunnel - a narrow, rigid passageway of ligament and bones at the base of the handhouses the median nerve and tendons. Sometimes, thickening from irritated tendons or other swelling narrows the tunnel and causes the median nerve to be compressed resulting in pain, weakness, loss of grip or numbness in the hand and wrist, radiating up the arm.

Ergonomics programs play an important role in minimizing ergonomic hazards in the workplace. To develop such a program in your workplace, it’s necessary to understand the job to be done, the tasks involved in getting that job done, the equipment used to get those tasks completed, and the workplace or

◄ ERGONOMICS GOES WELL BEYOND how to sit in your chair properly. It applies to any opportunity to decrease fatigue and injuries while increasing comfort and safety, including working posture, equipment, tools, and environment. iStock.com/elenabs

Musculoskeletal System

The skeleton (including bones, ligaments, tendons, and cartilage) and muscles that are attached to it make up the musculoskeletal system.

environment in which those tasks are conducted.

RISK FACTORS

Risk factors that increase the likelihood of MSDs are identified by doing an assessment that considers things like the frequency, intensity, and duration of the job as well as:

Postures: There are some fairly obvious ergonomic risk factors like working overhead, bending, crouching, kneeling, and other awkward postures. And while most people think of sitting as a resting position, many seated postures place more strain on the body than standing. However, standing can also bring a risk of ergonomic injury such as when a worker must stand in one place for an extended period to complete a job. Backaches, headaches, stiff and sore muscles, and fatigue are common signs of an unhealthy posture.

Equipment and tools: This involves identifying and evaluating the equipment and tools needed to get the job done. Often we think of tools as power tools or hand tools. Remember to evaluate the use of keyboards, mobile phones, and tablets as well. When setting up a workstation ergonomically we always consider the chair. But what about seat adjustments in equipment or a service truck?

Environment: The physical aspects of a workplace environment can have a direct impact on the ergonomic safety

of employees too. Ergonomic factors in the work environment that deserve consideration, but are sometimes overlooked, include reach, lighting, noise, hot or cold temperatures, and working outdoors.

Because there are so many things to consider when addressing ergonomics in the workplace, it can seem a bit overwhelming. Safety Benefits, Inc. (SBI) has found that using checklists to assess jobs/tasks and identify ergonomic hazards makes this undertaking more manageable. When deciding which jobs and tasks to evaluate first, consider starting with those jobs where MSDs have already been reported. Talk with supervisors and employees to identify jobs that are repetitive in nature, are performed under difficult conditions or are physically demanding. Keep in mind that conducting ergonomic assessments can be a great task for a safety committee.

SBI has sample ergonomic program information and checklists to support Members developing an ergonomics

program. In addition, Members wanting to learn more about the “how to” of ergonomics in the workplace before embarking on this journey should check out the streaming training videos available through AP Safety at https:// trainingvideonow.com.

For questions regarding this article, to request a sample policy and checklists or to enroll in online safety training provided free of charge to Members of the SDML Workers Compensation Fund (SDML WCF) and/or the South Dakota Public Assurance Alliance (SDPAA), please contact Safety Benefits, Inc. at 888-313-0839 or 605-334-9567. ■

Acknowledgements

Ergonomics and Musculoskeletal Disorders; Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health (NIOSH)

Identifying and Addressing Ergonomic Hazards Workbook; Midwest Worker Center Ergonomic Training Project; Occupational Safety and Health Administration (OSHA), U.S. Department of Labor Ergonomics Checklist for General Industry, Workstation Adjustments; Texas Department of Insurance, Division of Workers Compensation

CLOSING

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

Recipients will be recognized during the Excellence in South Dakota Municipal Government Award Luncheon Oct. 10 in Sioux Falls and in the November issue of the South Dakota Municipalities magazine.

Submit nominations online sdmu nicipalleague.org

Miranda

financial

Seeing success from a PERSPECTIVE

“Financial plans are more than just about money. They’re really about education and providing you with the knowledge you need to make the best decisions for your community.”

Kleven, PE, AE2S Special Projects Engineer

PROMOTING COMMUNITY CIVILITY TO REDUCE LOCAL POLITICAL VIOLENCE

JULIA BAUER AND JULIA GLICKMAN | NATIONAL LEAGUE OF CITIES

Reprinted from National League of Cities, www.nlc.org.

Local leaders play key roles in supporting American democracy. As their roles are public facing, local elected offi cials and municipal employees act as residents’ primary connection to their government. This public responsibility can lead to heightened interest in their work, creating opportunities for both support and disagreement. While individuals have free speech rights, when criticism turns to harassment and threats of violence, it can cause physical and psychological harm to public servants and their families, ultimately preventing good leaders from seeking public office.

Threats to local elected officials have implications beyond personal safety. Research from the UC Davis Violence Prevention Research Program found that more than two-thirds (67.2%) of survey respondents “perceived that there is a serious threat to US democracy.” Rising political violence may be part of that perceived threat. According to the Mayors Innovation Project, threats against local officials are also threats “to democracy, [by] threatening to deter individuals from campaigning, serving in offi ce, and seeking subsequent terms… [they are] threatening to deter progress

I think you’re seeing a lot of people choosing not to serve in public office anymore. People are choosing emotional and mental health and wellbeing over public service, and that is a dangerous point for us to be in as a country.”

– Keisha Lance Bottoms, Mayor, Atlanta, GA

in increasing representation across race, gender, and sexual orientation in elected office.”

WHAT THE DATA SHOWS

Threats over the last two years have grown significantly, with 240 reported events across 40+ states in 2024. This increase is 15 percent above 2023 rates and 60 percent higher than the same period in 2022.

Eighty-one percent of elected officials responding to a 2021 NLC survey reported experiencing harassment, threats and violence, and 87 percent reported noticing a change in the levels of harassment, threats and violence during their time in offi ce. Additionally, racially motivated threats

and harassment are reported at higher rates than other types of threats and harassment.

THE CAUSES OF POLITICAL VIOLENCE

In 2023, CNN analyzed 10 years’ worth of federal criminal cases on violence towards public officials and found that many threats appear to be politically motivated. NLC’s 2021 On the Frontlines of Today’s Cities report detailed three root causes for the decline in civility and growth of harassment, threats and violence against public officials, including:

• Polarization

• Pushback against inclusive political participation

From the NLC report On The Frontlines of Today’s Cities: Trauma, Challenges and Solutions

• Spread of mis- and disinformation online (social media, information sources, growth of harmful platforms, and limited regulation of inaccurate information)

Research from the US Surgeon General has warned about an epidemic of loneliness that impacts social and democratic health in addition to personal and physical health. Social isolation has also been identifi ed as a risk factor for political radicalization and violence in youth. Robert Putnam, a scholar on social connection, has connected the rise in social isolation with growing political polarization. Social connectedness across communities leads to higher levels of trust in others, and in the government.

According to Putnam, the act of democracy goes beyond voting— it involves engaging with members

of your community—through social groups, in shared public spaces, and more.

CONSIDERATIONS FOR TURNING DOWN THE TEMPERATURE

Building Social Infrastructure

Leaders at the local level can play an important role in building social capital to combat the complex problem of rising loneliness. Strengthening social infrastructure in local communities is one strategy to advance social connection, as identified by the Surgeon General’s report. Social infrastructure includes the physical elements of a community, like libraries, parks, green spaces and playgrounds, that facilitate social connection. Communities can invest in these shared public spaces, helping to bring people together.

Improving Civil Discourse

Local elected officials can take steps to improve civil discourse in their communities. As community leaders, they play a role in modeling civil discourse that is respectful and avoids offensive or violent rhetoric. City governments can also be mediators in the community by working strategically with community groups to facilitate difficult conversations. Municipalities can develop a code of conduct outlining what is deemed to be permissible and appropriate behavior by officials and constituents during public city meetings and events, emphasizing specific rules and norms for everyone.

STAY TUNED

NLC is currently conducting a survey on the harassment and threats of violence experienced by local officials. Results will be available in early Fall 2024. ■

RESOURCE ROUNDUP

Industrial Park Grant, SD Dept. of Transportation

Due: Oct. 15

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/ About-HallofFame

Awards Grants

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

Community Forestry Grant, SD Dept. of Agriculture and Natural Resources

Due: Ongoing, grant round closes approx. Sept. 30 each year

Funds community forestry projects that solve a specific community forestry problem or demonstrate the importance of trees in our communities. Maximum limit of $5,000. Match required; may be met through volunteer labor, donated and/or purchased supplies, or actual cash expenditures.

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

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

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

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

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

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

Building Communites and Improving Lives through:

Engineering + Environmental + Fiber & Broadband

Geospatial + Governmental Services

Land Development + Planning

Trainings

South Dakota Park and Recreation Association (SDPRA) Annual Conference

Sept. 9-12, Sioux Falls

Registration: $200 - SDPRA member; other options available

Gathers parks and recreation professionals from throughout the region to explore the endless potential the profession provides communities 365 days a year.

Learn more/register: www.sdpra.com

Fuel the Growth Economic Development Course, Economic Development Professionals Association

Oct. 7-10, Rapid City

A Basic Economic Development Course that covers 10 economic development topics, including business development, organizational development, and community development Participants will learn from experts and colleagues through presentations, panel discussions, case studies, and networking opportunities. Sponsored by the Economic Development Professionals Association and hosted by Black Hills State University.

Learn more/register: www.BHSU.edu/FueltheGrowth

SDML Annual Conference

Oct. 8-11, Sioux Falls

Registration: $125 members; $225 Non-members; more registration options

Due: Price increases after 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.

Learn more/register: www.sdmunicipalleague.org/ about-annualconference

City Summit, National League of Cities

Nov. 13-16, Tampa Bay, FL

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

SDML BOARD NEWS

CARPENTER JOINS BOARD

Gina Carpenter, Human Resources Officer for Belle Fourche, has assumed the role and responsibilities of the District 10 Chair following the departure of former Chair Adam Hosch. The vice chair position will be elected at the district’s annual meeting in Spring 2025.

2024 SDML BOARD NOMINATIONS

The SDML Nominating Committee is presenting the following slate of officers for consideration for board positions for the 2024-2025 cycle.

• President: Carolynn Anderson, Finance Officer, Wall

• 1st Vice President: Leland Treichel President of the Board, Roscoe

• 2nd Vice President: Michelle DeNeui Finance Officer, Spearfish

• Board Trustee: Chandra Phillips Finance Officer, Winner

The nominating committee met Aug. 19 via Zoom. Members included Al Cerny, Mayor, Gregory; Michael Grosek, Mayor, Webster; and Debbie Houseman, City Administrator, Wagner. Committee members were appointed by SDML Board President Harry Weller.

Election of officers will take place during the SDML Annual Business Meeting on Oct. 11 in Sioux Falls, SD.

2024 AUDITING COMMITTEE MEMBERS

SDML President Harry Weller has named the following individuals to the 2024 Auditing Committee.

• Claire Baartman, Finance Officer, Dell Rapids

• Tracy Davis, Deputy Finance Officer, Rapid City

• Michelle DeNeui, Finance Officer, Spearfish

• Jordan McQuillen, Finance Director, Aberdeen

• Cody Papke, Chief Auditor, Sioux Falls

The auditing committee is tasked with examining the accounts or annual audit of the League each year. They will meet Oct. 10 and will present their report during the SDML Annual Business Meeting on Oct. 11 in Sioux Falls, SD. ■

WASHINGTON REPORT

U.S. REPRESENTATIVE

DUSTY JOHNSON

A Call for Civility in Politics

A while back, I was welcoming home a National Guard unit that had been overseas. After the ceremony, a sergeant who had been deployed three times, including twice to an active combat zone, thanked me for my service, saying he couldn’t imagine a post so difficult.

I was speechless. When those who have risked their lives in the defense of our country think that political engagement is the tougher duty, we know our politics are too jagged, too mean, too combative.

The tragic events that unfolded at former president Donald Trump’s rally in Pennsylvania illuminated the anger that poisons our national political climate. We’ve all felt the tension increasing over the past several years, and we know the hateful rhetoric has risen well above its boiling point.

Too often, we view people with differing opinions as enemies, rather than fellow Americans. Our country is not well-served by this. Anger is a powerful short-term motivator, but it is not a foundation for successful marriages, churches, businesses, communities or careers.

We need thoughtful discourse among engaged citizens, not emotional attacks from enraged partisans. For those willing to rise to the occasion, here are six pathways to civility:

1. Give others the benefit of the doubt: Relationships fail when couples stop seeing the best in each other. If our country is to stay together a while longer, for the sake of our kids, we can’t assume that people on the other side of the aisle are always motivated by racism, fascism, communism or some other evil -ism. Assume, instead, that they view an issue differently than you do.

2. Subscribe to reputable news sources: Facebook is not a reputable news source; it’s home to adorable puppy photos, cute dance videos and wildly unreliable news reports posted by your uncle Trent. All too often, free news, especially the kind shared on Facebook, fuels our fear, anger and outrage. Instead, find two professional news sources, pay for their content and consume it regularly. If a source tells you only what you already believe, you are paying for propaganda, not news.

3. Reject whataboutism: Rather than engaging on the merits of an issue, an online commenter will say “what about this” and point to a past mistake made by the other side — in an attempt to discredit its view. This diverts the discussion from the issue at hand. We should evaluate the merits of an argument, not the imperfections of its messenger. No one is perfect, so all good ideas come from flawed people.

4. Criticize actions and ideas, not people: Insults abound in political discourse, but you’ll be a better citizen if you avoid using them. We should have robust and spirited debates. It is possible to attack weak ideas and improper actions without labeling someone evil, crooked or a traitor.

5. Amplify constructive views: Facebook and X can steam with fury. Support commenters who try to be constructive by using logic rather than bile. It can be as simple as giving their remarks a thumbs up. It’s more fun to repost an angry hot take, but it’s better for our nation to share something productive. Politics must be about addition and multiplication, not subtraction and division.

6. Illegitimi non carborundum — “Don’t let the bastards grind you down”: Even when overwhelmed by negativity, don’t give up. Politics is not a spectator sport. If the respectful citizens allow negativity to drive them out, the trolls win.

Tragedies like the assassination attempt on Trump can be a catalyst to bring us together. I’m ready to do my part. I can’t change things overnight, but I hope my actions move the needle in the right direction, and that yours will, too. ■

JOB OPPORTUNITIES

Airport ARFF/Operations/Maintenance Technician – City of Pierre, SD. Responsible for providing general daily oversight of airside operations by monitoring overall airfield safety, performs vehicle and equipment maintenance, airfield lighting maintenance and performs aircraft rescue firefighter duties. Maintains lighting systems, vehicles, equipment, grounds, structures, pavement and turf. Assists in overseeing wildlife management at airport through annual training, assisting in depredation permits, and overseeing bird strike report program. Maintains documentation and records of all actions taken on airfield to ensure compliance with FAA Part 139 certification requirements. Wage offer will be based upon actual education and experience. Comprehensive benefit package. UP TO A $3,000 HIRING BONUS! Learn more and apply at www.cityofpierre.org. Open until filled. EOE.

Assistant City Engineer - City of Watertown, SD. Our ideal candidate will have a Bachelor's Degree in Civil Engineering with three years of progressively responsible related engineering experience. We are open to candidates with or without a PE license. Please submit your cover letter, resume and city job application online at https://watertownsd.seamlessdocs.com/f/ job_application. Open until filled.

Assistant Finance Officer - City of Springfield, SD. Responsible for the day-to-day tasks and supports the City’s financial operations by providing customer service, administrative support, record keeping, and financial management through analysis and reporting. Pay: $17.00-22.00 DOEQ. Essential functions include customer service, administrative support, record keeping, and financial management of water and sewer utility billing systems. Must be self-motivated and able to work independently, achieving goals without direct supervision as well as in a team environment. Three years clerical/ bookkeeping experience or Associates Degree in Business Management or related field preferred. More info/apply to amanda.larson@springfieldsd.gov or City of Springfield, PO Box 446, Springfield SD 57062. Open until filled.

City Administrator - City of Medina, MN. Reporting to the City Council, The City Administrator serves as City’s top-appointed

official with primary responsibility to oversee the daily operations and administration of the City in accordance with City Code, ordinances, resolutions, and directives from the City Council. The City Administrator provides high-level leadership to City staff and guides the City Council to define, establish, and attain the goals and objectives of the City government. The City Administrator also provides support in general administration, municipal finance, human resources, facilitating/managing projects, processing technical documents, and public relations. Salary: $135,200$172,640 annually DOQ. View the full position profile and job description at gmphr.com. Open until filled. EOE.

Co-Head Directors of Public Works – City of Eureka, SD. Accepting applications for two (2) full-time positions to co-supervise the Deputy Public Works Directors. Experience preferred in heavy machinery operation and knowledge of all city departments and functions in all departments. Appropriate character and behavior traits for public relations. Must possess or obtain a CDL within 6 months. The City is willing to help pay for the CDL training if a 3 year commitment is signed. Have or ability to get water and sewer certifications by the state of South Dakota within 1 year. Mosquito and weed spraying certifications within 1 year. Pay based upon experience. Apply at City of Eureka, PO Box 655, Eureka, SD 57437. Contact City Office at 605-284-2441 for full description and application information. Open until filled. EOE.

Communications Officer – City of Pierre, SD. Work as part of a team operating the Central South Dakota Communications Center, the 911-Emergency Dispatch Center for central South Dakota. Receiving calls for assistance from the public, document and dispatch appropriate public safety personnel for those calls. Receive, process and send radio communications for various Law Enforcement Agencies, Emergency Medical Services, and local Fire Departments. 40 hours per week - Shift work. Comprehensive benefit package. UP TO $3000 HIRING BONUS! Learn more and apply at www.cityofpierre.org. Open until filled. EOE.

Communications Specialist (E-911) - City of Mitchell, SD. Responsible for answering emergency and non-emergency calls and for dispatching appropriate personnel. Provides guidance to callers until emergency personnel arrive on scene; receives and transmits radio and telephone communication; monitors security cameras; and greets and assists visitors at the customer service window. No experience in the field is necessary; however, sufficient experience to understand basic principles relevant to the major duties of the position. Possession of or ability to readily obtain NCIC and EMD Certification. Starting wage: $22.477 per hour. Full-time benefits. Applications: Human Resources Office, City of Mitchell 612 North Main Street, Mitchell, SD 57301. 605.995.8417, www.cityofmitchellsd.gov. Open until filled.

Deputy Public Works Director/General Maintenance – City of Eureka, SD. Part-time 20+. Appropriate character and behavior traits for public relations. High School graduate or GED certificate required. Experience preferred in heavy machinery operation and knowledge of all city departments and functions in all departments. CDL, water and sewer certifications by the state of South Dakota, and mosquito and weed spraying certifications are recommended. Pay based upon experience. Position is benefit eligible. 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. EOE.

Electrical Superintendent/Lineman - City of Arlington, SD (population 925). Must have successfully completed an approved

Electrical Line Worker program and have Journeyman experience. Requires a strong working knowledge of a municipal electrical system, departmental budgeting, and a vision for long range electrical system planning. Must be proficient with computers including Microsoft, mapping, and AMI systems. Must possess a Class A CDL Driver’s license (or acquire one). Subject to random drug and alcohol testing. Salary commensurate with experience and qualifications. Competitive benefits package. For more information, contact Marshal Mix (Utility Supt) at 605-203-1121. Submit a cover letter, resume, salary history and three work-related references to cityofarlington@arlingtonsd.com or mail to PO Box 379, Arlington, SD 57212. Open until filled. EOE.

Evans Plunge Mineral Springs Facility Director – City of Hot Springs, SD. This salaried position is a leadership role within the organizational structure of Evans Plunge. The Facility Director is responsible for ensuring optimal levels of guest and member satisfaction through the training and managing of employees as well as day to day management of the facility. Starting Annual Wage: DOE $37,835-$47,299. Eligible for: SDRS retirement, health, vision, dental, life insurance, Aflac, paid holidays, sick and vacation leave. For a complete job description and application, visit www.hs-sd.org and search city employment opportunities. Open until filled.

Finance Director – City of Golden, CO. Reporting to the City Manager, the Finance Director serves as the City Treasurer and is responsible for management of Finance Department staff in all accounting, financial reporting, treasury, revenue collecting and licensing, payroll, accounts payable, sales/use tax, utility billing, debt management and risk management (property/casualty and general liability) activities for City of Golden. The Director is also responsible for the administrative services functions including Municipal Court and Fleet Management. The Director leads a team of 19 FTEs and has 3 direct reports: the Deputy Finance Director, Court Administrator, and Fleet Manager. Salary: $152,253$220,767 annually, DOQ. Learn more at gmphr.com. Open until filled. First review September 1, 2024. EOE.

Finance Officer – City of Bruce, SD. Job duties include but are not limited to routine clerical secretarial administrative work, answering phones, receiving public concerns, providing customer service, monthly, quarterly and yearly reporting with the use of QuickBooks accounting software. Overseeing payroll, utility billing, campground registrations, budgets, elections, ordinances, liquor reports and licenses. Tracking banking records, all financial records including Accounts receivable and payable functions. Prepare, take, and publish agenda and minutes for monthly council meetings and special meetings as needed. A positive personality, attention to detail and ability to present professionalism a must. Wage starting at $26 per hour depending on experience; competitive benefits. To request an application or submit resumes, email cityofbruce@gmail.com. Open until filled. EOE.

Finance Officer – City of Delmont, SD. Responsible for maintaining financial, accounting, administrative and personnel services for all departments, in order to meet legislative requirements and support municipal operations. Reports to the Mayor and Council and is responsible for preparing financial statements, maintaining cash controls, preparing the payroll and personnel administration, purchasing, maintaining accounts payable and managing office operations. The Finance Officer is the official responsible for keeping all papers and records of the municipality. Must work within the Town of Delmont’s policies/procedures/ordinances

and in compliance with South Dakota Codified Law. Questions: Barb Dozark, 605-779-2621, delmontfinance@midstatesd.net. Application and resume may be sent to: Delmont Finance Office, PO Box 202, Delmont, SD 57330. Open until filled.

Health and Fitness Center General Manager - City of Milbank, SD. Under the general supervision of the Park & Recreation Director, manages the daily operations of Unity Health & Fitness Center. This includes overseeing staff, managing budgets, organizing fitness programs, maintaining equipment, and ensuring a safe and welcoming environment for all members and guests. Learn more and apply at www.milbanksd.com/city-of-milbank/employment. Open until filled.

Human Resources Director – City of Box Elder, SD. Seeking a confident and experienced leader, a team player who works collaboratively to solve problems, is able to navigate difficult situations with poise, and is approachable and able to build trust with all levels of the organization. 5 years of professional human resources program management experience, 2 years of which were in a supervisory role, and a BA in human resources, business administration, administrative law, or a related field. Municipal experience is strongly desired. Annual salary range is up to $115,523, depending on qualifications and experience. Generous benefit plan. Up to $5,000 reimbursement in moving / relocation expenses. Call Roberta Greathouse at (866) 912-1919 for more information. Learn more at www.peckhamandmckenney.com. Closes Sept. 12,

Junior Finance Officer - City of Wessington Springs, SD. This position is a trainee role for the future position of Finance Officer. Among other duties, they will assist the Finance Officer in overseeing the City’s accounting and administrative functions including utility billing, budgets, receipts, disbursements, investments,

banking, payroll, auditing, internal controls, ordinances, contracts, licenses/permits, insurance, inventories, zoning, elections, human resources, state and federal compliance reporting and record keeping. Position description and applications are available at the City Office, online at cityofwessingtonsprings.com, or by calling 605-539-1691. Send application and/or resume, cover letter, and references to PO Box 443, Wessington Springs, SD 57382, or email to wessprsd@venturecomm.net. Open until filled. EOE.

Patrol Officer - City of Mitchell, SD. Responsible for the enforcement of federal, state, and local laws and the protection of life and property. Some of the job duties include: patrol the city to detect and deter criminal activity and traffic violations and to provide assistance as needed; monitors commercial and residential areas for signs of criminal activity; responds to calls for service, including domestic disputes, assaults, burglaries, traffic accidents, lost or missing persons searches, public service requests; completes required reports and forms, including accident and incident reports. Starting wage: $27.386 per hour plus benefits. $3,000 relocation stipend. To receive the stipend you must move within 25 miles of the City of Mitchell. Pay increase after 6 months of employment and another pay increase after 1 year. Applications at www.cityofmitchellsd.gov. Open until filled.

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. Up to $2000 annually for educational reimbursement. Up to $6000 hiring bonus.

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

Police Officer – City of Box Elder, SD. Join our team at the City of Box Elder, where we're seeking dedicated individuals to uphold our commitment to excellence, teamwork, and respect. As a member of our highly trained and professional force, you'll play a crucial role in enforcing federal, state, and local laws while safeguarding the lives and property of our community members. Starts at $27.14 hourly depending on experience and qualifications. Generous paid time off program, 10.5 paid holidays per calendar year and excellent benefits which include employer paid health, dental, and vision, and life for the employee, along with enrollment in the South Dakota retirement plan. Learn more and apply at the Human Resources page at www.boxeldersd.us. Open until filled.

Police Officer – City of Elk Point, SD. Conduct routine patrols, including enforcing traffic laws and maintaining visibility within the community. Respond to emergency and non-emergency calls for assistance, including medical emergencies, civil disputes, domestic violence, lost or stolen property, animal problems, etc. Enforce traffic laws, including speed limits, seat belt use, reckless driving and DUI detection; respond to accident calls and citizen complaints. Locate and arrest violators of state and local laws as directed; issue citations or take violators to jail as appropriate. Prepare reports: provide a detailed narrative of arrests, with supplementary information for the State’s Attorney’s Office (arrest reports, information reports, arrest warrants, affidavits, etc.). Learn more and apply at https://elkpoint.org/employment. Open until filled.

CLASSIFIEDS

Police Officer – City of Freeman, SD. Must have excellent communication skills, work well with the general public and meet deadlines. Responsibilities include maintain law and order, serve as point of contact for law enforcement issues, perform police patrol and other law enforcement duties. High school diploma or GED required; certified officer preferred. Applications and a full job description are available at cityoffreeman.org/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: $30.13 per hour. Competitive benefit package. $6,000 signon bonus. Housing allowance. Full description and apply at www. cityofspearfish.com. Open until filled. EOE.

Police Officer - City of Springfield, SD. General law enforcement to preserve public peace, protect lives, property, and rights of the public as well as to enforce statutory law and municipal ordinances. Perform duties and complete responsibilities under stressful or dangerous conditions, often involving considerable personal risk or risk to others. Patrols city streets and neighborhoods to deter crime or apprehend and/or arrest violators or suspects who violate federal, state or city ordinances. $22–27 DOEQ; Eligible sign-on

bonus $3,000–5,000. Benefits package. See full description and application instructions in listing at https://sdmunicipalleague.org/ networking. Contact the City of Springfield for more information and/or an application at amanda.larson@springfieldsd.gov or (605) 369-2309. Open until filled.

Police Officer (part-time) – City of Springfield, SD. General law enforcement to preserve public peace, protect lives, property and rights of the public as well as to enforce statutory law and municipal ordinances in a temporary part-time position up to 20 hours a week. $19.00-22.00/ hour DOEQ. See full description and application instructions in listing at https://sdmunicipalleague.org/ networking. Contact the City of Springfield for more information and/or an application at amanda.larson@springfieldsd.gov or (605) 369-2309. Open until filled.

Public Works Director - City of Box Elder, SD. Seeking a seasoned public works professional who has experience with complex water and wastewater systems, developing a growing roads maintenance system, and tracking and maintenance of capital assets. 10 years of increasingly responsible experience, 5 years of which should be hands on work experience in one or more Public Works disciplines along with 5 years of administrative and supervisory experience, and a BA in public administration, civil engineering, business administration, or related field. Annual salary range $102,105 to $189,298 depending on qualifications and experience. Generous benefit plan. Up to $5,000 reimbursement in moving / relocation expenses. Call Roberta Greathouse (866) 912-1919 for more information. Learn more and apply at www.peckhamandmckenney. com. Closes Sept. 12.

Public Works Director (part-time) – City of Delmont, SD. Performs work in maintenance of all phases of water distribution and supply, wastewater collection system and lagoon, maintenance and repair of streets and alleys, maintenance of parks, dump ground, any and all city property. Questions: Barb Dozark, 605-779-2621, delmontfinance@midstatesd.net. Application and resume may be sent to: Delmont Finance Office, PO Box 202, Delmont, SD 57330. Open until filled.

Public Works Director – City of Fort Pierre, SD. Provides technical assistance that will impact decisions on the day-to-day distribution of the workload of field staff, tactfully handles engineering related questions or problems, works with the City Superintendents, Assistant Public Works Director, or other staff for resolution of such issues. Maintains a professional presence and respectfully answers questions by staff and general public. $2,000 Hiring Bonus. Minimum starting salary $90,000/yr negotiable depending on qualifications and certifications, plus excellent benefits. Learn more and apply at www.fortpierre.com (Employment Opportunities). Open until filled.

Public Works Employee - City of Wessington Springs, SD. Class B commercial driver’s license required or obtained within 60 days. Subject to drug and alcohol testing. Desired qualifications are Class I Water Distribution, Class I Wastewater Collection, Class I Wastewater Treatment, and Class II Water Treatment certificates or obtained within one year. Will help street and electric departments as needed. Excellent benefit package including SD Retirement, health, vision & dental insurance, AFLAC, and PTO. Salary dependent on experience and qualifications. Applications available at cityofwessingtonsprings.com, City Hall, or 605-5391691. Open until filled. EOE.

Public Works Utility Assistant - City of Hecla, SD. Experience with electrical, water and wastewater is beneficial, but not necessary. Starting wage depends on experience and/or qualifications, PLUS

a full benefit package that includes SD State Retirement, Single Health Insurance, Holiday, Vacation and PTO. Application & Job Description can be picked up at the City office located at 206 Main Street in Hecla or requested to be mailed/emailed by calling (605) 994-2333. Open until filled.

Rapid Transit System Driver - Full Time and Part Time - City of Rapid City, SD. Operates transit buses to provide public transportation for fixed routes and paratransit service passengers while complying with all traffic laws and other required regulations. Provides passengers with system information when requested and conducts themselves in an appropriate manner while working in a diverse work environment. Performs pre-trip inspection of transit bus prior to beginning shift. Maintains working knowledge of streets, current routes, as well as fare structure. Provides assistance to persons with disabilities while boarding/deboarding the bus. Learn more and apply at www.governmentjobs.com/careers/ rapidcity. Open until filled.

Recreation Assistant (Part-time) - City of Madison, SD, Madison Community Center. Assisting youth thru adults in recreation programs and activities, as well as students in intramural programs. Work is typically performed indoors and outdoors, working hours can vary by program and can be flexible. Hours are scheduled to meet the needs of the community center recreation and intramural program while offering various programs and events to serve the community. Works with youth, adults, students, employees, and the general public. CPR and First Aide certification is preferred. Learn more and apply at www.cityofmadisonsd.com/jobs. Open until filled. EOE.

Relationship Manager (full or part-time) – PMA for the South Dakota Public Funds Investment Trust (SDFIT), Remote Work within South Dakota. Responsible for sales and marketing efforts of PMA products and services (including the Local Government Investment Pools (SDFIT) and Separately Managed Accounts) for local government clients and prospects across South Dakota. Remote work opportunity with expectations of travel (50% or more) to meet business needs. Great interpersonal skills are essential, as a primary focus will be the addition of new accounts (Municipal and School Related) while collaborating with the team to assist existing relationships (retention). Competitive salary and benefit package; opportunity for annual discretionary bonus based on results. Learn more and apply online at www.pmanetwork.com/ careers. Open until filled.

Service Desk (Part-time) – City of Madison, SD. Primary role is to provide positive and exceptional customer service support for the Community Center operations and its members. The representative will answer telephones, greeting visitors, set up new membership accounts, process transactions, organize, scan and maintain files, and answer questions to the best of their ability. Position requires skill in oral and written communication, prioritizing and organizing work, exceptional customer service, willingness to learn new tasks and maintaining privacy when communicating sensitive information. Knowledge of cash handling, balancing practices, modern office practices and technology, and bookkeeping principles are helpful. Learn more and apply at www. CityofMadisonSD.com/Jobs. The review of applications will begin immediately. Open until filled. EOE.

Senior Water Plant/System Specialist – City of Pierre, SD. Responsible for leading and participating in specialized technical work at the municipal water treatment plant, distribution system, and related facilities of the raw and potable water system. Leads

other Water Plant/System Technicians in the operation and repair of the state-of-the-art water treatment facility, including water sampling, testing, treatment, repair, maintenance and operation of pumps, wells, and motors. Also, will be the lead in compliance testing and monitoring to ensure that all state and federal regulations are met. Wage offer will be based upon actual education and experience. Comprehensive benefit package. Up to $2000 annually for educational reimbursement. UP TO A $3,000 HIRING BONUS! Learn more and apply at www.cityofpierre.org. Open until filled.

Staff Engineer – City of Pierre, SD. Assists City Engineer in providing technical services related to City of Pierre infrastructure projects. Responsible for preparation and administration of annual construction and materials contracts. Also assists Building Officials in plan review and issuing Building Permits. Duties include project feasibility analysis, infrastructure analysis & planning, infrastructure cost estimating, municipal infrastructure project design & review, and construction project administration. Comprehensive benefit package. Up to $2000 annual educational assistance available. Wage offer will be based upon actual education and experience. UP TO $3000 HIRING BONUS! Learn more and apply at www. cityofpierre.org. 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.

Utility Repair Person I ,II ,III – City of Rapid City, SD. The Department of Public Works, Water Division, is seeking a Utility Repair Person who will perform skilled specialized work in the maintenance, repair, and inspection of the water distribution system. All position levels must be willing to work varied schedules, including on-call and rotating shifts to accommodate a 24-hour-per-day, 7-day-perweek operation. Learn more and apply at www.governmentjobs. com/careers/rapidcity. Closes Sept. 9.

Water & Wastewater Operator - City of Madison, SD. Responsible for performing specialized duties in the operation of a water and wastewater treatment plant, including collecting samples, as well as inspecting and maintaining wells, pumping equipment and system piping. The applicant will need to perform lab analysis, maintain plant equipment, facilities and keep accurate daily logs and records for operations. Knowledge of computers, mathematics, hydraulics and skill in operating mechanical equipment is required. Requires occasional lifting/moving of 50lbs+ and will work indoors and outdoors at treatment facilities. Learn more and apply at www. CityofMadisonSD.com/Jobs. The review of applications will begin immediately. Open until filled. EOE. ■

REQUEST FOR PROPOSALS

Annual Financial Audit Services, SD Municipal League Workers Compensation Fund. The South Dakota Municipal League Workers’ Compensation Fund (”the Fund”) is accepting request for proposals (RFP) from qualified accounting firms in South Dakota to provide annual financial audit services for the Fund. The complete RFP may be viewed at www.sdmlwcfund.com. Proposals shall be titled “SDML Workers Compensation Fund Annual Financial Audit Services” and submitted by 5:00 p.m. CST on October 1, 2024. Proposals must be submitted in a sealed envelope or package on the firm’s letterhead directed to: Lisa Nold, Director of Risk Sharing Services, South Dakota Municipal League, 208 Island Drive, Fort Pierre, SD 57532. Questions about this RFP must be submitted in writing/email and be directed to Lisa Nold (lisa@sdmunicipalleague. org) by September 27, 2024. The Fund reserves the right to reject any or all proposals, to waive any non-material irregularities or informalities in any proposal, and to accept or reject any item or combination of items. The Fund further reserves the right to accept other than the lowest cost proposal based upon an evaluation of all aspects of the response. The Fund reserves the right to negotiate compensation with the successful Respondent.

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

SDMUNICIPALLEAGUE.ORG/NETWORKING

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. ■

SEPTEMBER

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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)

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

Before September 2 – If the number of on-sale and off-sale liquor licenses is

First Monday of September – Labor Day – State holiday (SDCL 1-5-1)

At the first regular meeting in September, or within ten days thereafter – The annual appropriation ordinance for the ensuing year must be introduced. (SDCL 9-21-2; See Hdbk., sec. 12.066)

On or before October 1 – The governing board of any municipality may, on or before the first of October preceding the annual municipal election, approve an ordinance requiring a runoff election as found in SDCL 9-13-27.1 and SDCL 9-13-26.1 (SDCL 9-13-25; See Hdbk., sec. 7.600)

On or before October 1 – Immediately upon passage and publication of the annual appropriation ordinance, the auditor or clerk must certify the tax levies contained therein to the county auditor on or before October first in the following form:

For general purposes___________

For interest and debt service fund__ (SDCL 9-21-20 and SDCL 10-12-7; See Hdbk., sec. 12.066)

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

OCTOBER

first regular meeting of the governing body in November. (NOTE: This is an administrative determination so no statutory citation is possible.)

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

must be certified to the county auditor. (SDCL 9-43-106; See Hdbk., sec. 12.160)

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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

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))

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

No later than second Tuesday in November – Governing boards wishing to consolidate boards of equalization must approve a resolution outlining consolidated board membership no later than the second Tuesday in November. (SDCL 10-11-66; See Hdbk., sec. 12.120)

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