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South Dakota Municipalities - Oct. 2019

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Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

PRESIDENT Pauline Sumption Finance Officer, Rapid City

1st VICE PRESIDENT Debbie Houseman Finance Officer, Lake Andes 2nd VICE PRESIDENT Steve Allender Mayor, Rapid City

TRUSTEES Fay Bueno Finance Officer, Sturgis

Karl Alberts Finance Officer, Aberdeen Carolynn Anderson, Finance Officer, Wall

Christine Erickson Councilmember, Sioux Falls Amy Leon City Manager, Yankton

PAST PRESIDENT Mike Wendland City Administrator/Economic Development Director, Baltic

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

Dist. 2 - Jennifer Eimers Finance Director, Madison Dist. 3 - Dawn Murphy Finance Officer, Tea

Dist. 4 - Becky Brunsing City Administrator, Wagner Dist. 5 - Renae Phinney President, Ree Heights

Dist. 6 - Leland Treichel Mayor, Roscoe Dist. 7 - Arnold Schott Mayor, McLaughlin Dist. 8 - Harry Weller Mayor, Kadoka

Dist. 9 - Laurie Woodward Finance Officer, Custer Dist. 10 - Michelle DeNeui Finance Officer, Spearfish

LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655

Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: David Pfeifle Executive Director Kristina Peterson Director of Underwriting Lynn Bren Director of Member Services Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant

Features

Contents

2019 Municipal/School Election Workshops . . . . . . . .6

Are You Prepared? . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Depression and the Finance Officer . . . . . . . . . . . . .10 Mobile Phishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Deadline for Urban and Community Forestry Grant is October 14 . . . . . . . . . . . . . . . . . . .19 SDMEA Hometown Power Summer Study Update . . . . . . . . . . . . . . . . . . . . . . . .20

SDMEA Hometown Power Extra . . . . . . . . . . . . . . .21

An Employee’s Notice of Her Need for Medical Leave was not Sufficient to Invoke Protections Under FMLA . . . . . . . . . . . . . . . .22

Website Posting of Financial Documents . . . . . . . . . .24 Recreational Trails Receive Funding . . . . . . . . . . . . .27 Publication Order Form . . . . . . . . . . . . . . . . . . . . . . .37

Columns

Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .29 Washington Report: Senator Thune . . . . . . . . . . . . . .30

In Every Issue

SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . .4

City Highlight - Rapid City . . . . . . . . . . . . . . . . . . . .23 Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .32

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .38

SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota and additional mailing offices. Non-member subscriptions are available for $30.00 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532.

OCTOBER 2019

VOLUME 86, NUMBER 4

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Director's Notes We hope you are taking a few minutes from preparing to come to Aberdeen for the Annual Conference to read this issue! The City of Aberdeen has worked hard and has enthusiastically welcomed this Conference, and we are very pleased to join them in offering a packed agenda of information, great speakers, and relevant topics this year.

The Conference Agenda contains a wealth of information. We will be revealing the results of the study commissioned by the Board on the economic impact of municipalities, talking about how to avoid becoming a city with a lawsuit, and are offering a “lightning round” of topics where you will hear from experts in municipal financing, public works, and technology. And a teaser – we may just have a special announcement to make!

We are really excited about a very timely topic: Dealing with social media and all its impacts on municipalities. We will have an expert in First Amendment issues to discuss

2019 SDML Events Calendar

this, along with a panel of our local experts and a representative of Facebook on hand to cover this issue from all perspectives.

It seems early to be gearing up for the legislative session, but to us, a big part of the Annual Conference is hearing from you on the Policy Committees’ work on the annual SDML Statement of Policy. And in case you think these policies don’t matter, look at our legislative agenda in past years – every one of those bills was based on a statement you adopted. It is incredibly important that you make sure we accurately represent you when we are talking to your legislators. And don’t forget the lighter side! Starting with the golf tournament Tuesday afternoon, an Evening at the Races on Wednesday night, to the Thursday evening entertainment and dinner, and wrapping up with some terrific door prizes at Friday’s Annual Business Meeting – we will have you interested and entertained the whole conference!

In short, we think you will learn a tremendous amount, get to meet and greet old and new friends, and have a great time at this year’s Conference. We can’t wait to see you all there! Until next month, remember we are always available at 1800-658-3633 or yvonne@sdmunicipalleague.org Yvonne Taylor Executive Director

October 8

8-11

SDML Board of Directors Meeting, Aberdeen

SDML Annual Conference, Aberdeen

November 20-23

NLC City Summit, San Antonio, TX

11

Joint SDML Board Meeting with County Association, Pierre

December

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SOUTH DAKOTA MUNICIPALITIES


President's Report

Well, here it is…my very last “President’s” article for the SD Municipalities magazine. I can’t believe the year is over – but let’s be honest, I won’t miss writing these articles. There are times I have struggled with coming up with a topic and there are other times that the ideas and the words just seemed to flow with little to no effort. I believe this time, the latter applies.

My masters class this semester is about leadership theory and practice and, while I’m only a week into it, I’m already reflecting on my leadership skills/traits and looking forward as to how I can improve upon and practice them. I am human, and truly have my faults when it comes to leadership. We all get busy and fail to bring forth the effort to provide what is needed from our followers. I need to be more intentional with my leadership efforts, continue to learn and grow and be intentional in guiding others to reach their full leadership potential.

The first question posed to us in this class had to do with what we think leadership is – what traits or characteristics must one have to be a successful leader. It’s easy to say “I’ll know it when I see it” and pretty difficult to actually

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define. I am fortunate to have had the opportunity to work for, and with, some amazing men and women, who have shown me different leadership styles (some good; some not so good) and have influenced me in my journey to leadership. Fortunately, most of them have shown me positive styles and I greatly admire and respect those individuals. Good leadership to me is the ability to have the respect of your followers to the level that you can influence their behavior to accomplish a goal that is beneficial to all. The leader shows compassion; will listen, and really hear, the input from the rest of the team; will communicate the vision of the department/organization; will empower others to be independent thinkers; will look outside of the box to determine the direction in which the team will go but then give the freedom to the team to carry out the vision of the organization; has the respect of others, earned through knowledge, actions and words.

John Quincy Adams, I believe, said it best: “If your actions inspire others to dream more, learn more, do more and become more, you are a leader.” (Whether you know it or not.)

Every one of you has the opportunity to be a leader – whether in your work, home, church, volunteer opportunities or friendship circles. I encourage you to take that leap if you haven’t already. I never thought I wanted to be the President of the SD Municipal League – but here I am, wrapping up my year, and admiring the others that have been in this position before me. I have gone outside of my comfort zone and I challenge you to do the same.

THANK YOU…for letting me be your leader for the past year. I am honored and humbled by the opportunity. I am beyond blessed to have been able to be a part of this wonderful organization for as long as I have. And I am blessed that I can call so many of you friends. Never forget the blessings that YOU are…to your families, employers, friends and communities. Pauline

OCTOBER 2019

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2019 Municipal/School Election Workshops Presented by: South Dakota Municipal League • Office of South Dakota Secretary of State Associated School Boards of South Dakota

Six webinar workshops are scheduled to assist election officers in conducting elections. The Secretary of State’s office, Associated School Boards of South Dakota and the South Dakota Municipal League will again co-sponsor workshops covering all aspects of elections – from notices to the final canvass – including question-and-answer sessions.

Municipal finance officers and school business managers have statutory responsibility to conduct elections in their local jurisdictions. Properly conducted elections are an integral part of the democratic process. The many hours of diligent work on the part of the election officers enhances candidate and voter participation, and provides for accurate and consistent elections. Webinar Workshops - All aspects of elections will be covered over six different webinar workshops December 5th Webinar*(estimated time 45+ min) 9:30 am or 2:30 pm (CST) • Election types and dates, combining elections vs. holding them the same day, Election Calendar, Precinct and Election Boards, Public Notices and more.

December 11th Webinar* (estimated 80+ min) 9:30 am or 2:30 pm (CST) • Candidate eligibility requirements, petitions, financial interest statements, vacancies and campaign finance. January 8, 2020 Webinar* (estimated 40+ min) 9:30 am or 2:30 pm (CST) • Ballot preparation, voter registration and residency and absentee voting.

January 9, 2020 Webinar* (estimated 60+ min) 9:30 am or 2:30 pm (CST) • Absentee Voting - Application, Voting in-person or by mail, UOCAVA Voters

January 22, 2020 Webinar* (estimated 1.5 hours) 9:30 am or 2:30 pm (CST) • Election worker training, a walk through of the Precinct Manual January 23, 2020 Webinar* (estimated 30+ min) 9:30 am or 2:30 pm (CST) • What to ask you County Auditor, what should you do on election day,

There is no registration fee for the webinars. Those who register to attend the webinar will be emailed the login and call-in information one week prior to the workshop date.

*Each webinar is limited to 100 participants, so please register early if you plan to attend via webinar.

Registration for the webinars may be found online at www.sdmunicipalleague.org


Are You Prepared?

August. Many, but not all. As I prepare this article for print, I think about the chaos that ensued as the tornado and hail storms ripped through south eastern South Dakota. I think about those who had to be the pillars of the communities impacted, and who were called upon to make immediate decisions about what to do next.

When building your emergency response plan, there are a multitude of things that must be considered, but not all the problems that you will encounter after a catastrophic event will be negative. Your emergency response plan should include not only ways to address negative situations, but the positive ones as well.

By Lynn Bren, SDPAA Director of Member Services

Most often we think about being prepared when we are loading up the car for a trip in the middle of the winter. We pack some waters, some granola bars (or candy bars to really maximize the amount of calories taken in if we get stranded), extra blankets and warm clothes, a shovel and a phone charger. I’m sure your emergency kit for your car is always fresh and ready to go. But what about your emergency response plan if something happens during the other times of the year? By the time this article is published, many will have forgotten the devastation that happened in our state in early

When creating or reviewing your current emergency response plan, you should consider what resulting issues you may have. Does your plan address what happens when you have more than twice the number of volunteers you anticipated showing up to help? Who do you have in place to assign tasks to volunteers? How are you communicating with volunteers? Does your plan indicate how to facilitate the disbursement of donations, including perishable items? And have you established a relationship with a vendor or facility who can assist in storing perishable items before they are disbursed to those in need?

Other items to consider when reviewing or creating your emergency response plan include, but are certainly not limited to, the following:

Communication Communication will be key in managing any situation. Designating one person who will be in charge of receipt and response of all communication will reduce delays in recovery. Does your plan allow for an alternate in the event your assigned party is not available? Having a chain of command that is established in advance will reduce the anxiety and frustration of not knowing who to contact and how they can be contacted. Back up contacts for each level help to ensure that there is not likely to be a breakdown in the communications during the recovery from and event. Resulting Situations After a catastrophic loss, there may be resulting situations, which your emergency plan should account for. Depending on the type of loss, you may see an increase in crime, such as looting or vandalism, and your emergency response plan should account for these types of situations. Other issues such as resulting fires, power loss, and shortage of

OCTOBER 2019

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equipment and materials all should be addressed. Many of these issues can be addressed via a mutual aid agreement, in which you have established a relationship with a fellow community who can assist when needed. You also may establish similar relationships with private vendors.

Evacuation Should it be necessary to evacuate all or part of your community, a plan should be in place to make sure this is done effectively and efficiently, to help minimize the chaos. Those departments who would be required to participate in these duties should be included during the preparation of this policy, as well as be trained on the most current policy. The initial part of the evacuation plan should be to establish a confirmed meeting point for those involved to begin the execution of the evacuation, in the event communication is made difficult or impossible. Consideration should be made for where those displaced people can safely stay until such a time the event has concluded, or they can be returned to their homes. Partnerships with local churches, schools and other volunteer groups may make those who are displaced feel more ‘at home’. Additionally, having those arrangements made in advance allows those who would be of service to be prepared to assist.

information systems prior to engaging in the day to day activities. For those who still maintain paper documents, ensure that crucial documents are stored in a lock box or safe that is fire and water proof.

Alternative Locations After the storm has passed, you may have to operate at an alternative location. Having options for alternative locations where your day to day operations can resume, will help reduce not only costs, but also will help the community feel more at ease. When they note that you are ‘back in business’, they are likely to feel encouraged that despite the storm, it really can be business as usual, just from over at the rental office, rather than at City Hall. There are a variety of vendors that can be called upon to assist with temporary buildings and space. Having this information handy, either through your insurance carrier, or by prior engagement with a private entity, will get you back up and running quickly and efficiently.

Review / Update / Train As with all policies, they aren’t effective if they aren’t current nor trained on. Your employees should be trained

Contact Directories Ensuring that your employee directories are up to date will avoid delays in communicating directives. Your contact directory should not only be kept up to date, but stored in a location that is accessible in an emergency. While online directories may seem the most efficient method, if your internet or cellular data capabilities are incapacitated, you should always have a backup that is accessible without these resources.

Back Ups While keeping a solid and up to date copy of your contact directory, you should do the same with your important papers and documents. Keeping current contact information for your insurance company, and other service providers who will need to know when you are enduring a loss, in a location that is accessible by all parties will facilitate a smoother claims process. Additionally, backups of your operating systems which will allow you to return to as close to normal business operations as possible should be maintained off site. This policy is not only true for a catastrophic emergency, but also you’ve seen this recommendation in other areas, such as a cyber or computer attack which disables your system. Current backups of your systems allows you to pick up where the backup ends, rather than attempting to recreate all of your 8

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on your emergency response policy frequently, so they are ready to respond when an event arises. Remember when you were in grade school? How many times did you have a fire drill, or tornado drill in school? It didn’t matter that it was raining outside…all of a sudden you’d hear the fire drill and you’d get up, leave behind all your belongings and march in a line (sort of… sometimes a cluster) to the lawn where your teacher counted your heads to ensure everyone made it out. Are you doing your fire drills? Are you prepared for the emergency event?

The SDPAA is proud to offer assistance and services to 428 public entities across South Dakota. If you are struggling to ensure that your emergency response policy is up to date, or create one, please contact our office. We have resources to help ensure that your entity has the best risk management and loss control tools in your portfolio, and we want to share them with you. If you’re not a Member and want access to all of the services the SDPAA provides, give us a call at 800-658-3633 Option 2, or by email at sdpaa@sdmunicipalleague.org for more information about the quote process. Already a Member, awesome! Give us a call or send us an email, we’d love to hear from you!

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Depression and the Finance Officer Depression is a topic we’re hearing a lot about lately, and finance officers have a job that makes them prime candidates. By Kent Austin

Government finance officers have jobs that are characterized by high expectations, weighty responsibility, and ongoing public scrutiny. We are called upon to be the bearers of bad news (even though it usually isn’t our fault). As point persons for questions about an organization’s financial condition, we are often required to explain complex or nuanced situations to less than patient questioners.

All of these characteristics can make finance officers prime candidates for depression. It’s a topic we seem to hear about more than ever, although it’s impossible to tell whether that’s because more people are experiencing depression or because more people are willing to talk about it. Either way, depression is a topic finance officers should be familiar with and have some idea how to handle.

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There are many nuances to depression and depressive experiences; this article uses the term to refer to a sustained feeling of low mood, often independent of direct external causes. Classic characteristics include: • Feelings of worthlessness, self-loathing, or hypercriticism. • Disproportionate thinking. • Weight loss or weight gain. • Fatigue and lack of energy. • Loss of interest in normally enjoyable activities. • Inability to experience pleasure. • Disturbed sleep patterns. • Withdrawal from or avoidance of interaction with others. While everyone experiences some of these traits on occasion, what sets depression apart is the continuing, unrelenting presence of these conditions. The National Institute of Mental Health suggests the presence of symptoms for more than two weeks is likely evidence of depression.

A CUSTOM FIT Acknowledging the problem early and resolving to seek a cure is important because depression is more than simply “feeling down.” It is all-consuming, spreading like a stain through all elements of a person’s life. Although

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categorized as a mental illness, depression can soon make its presence known throughout the body via symptoms including weight gain or loss, tremors, stooped posture, fatigue, and insomnia.

Your career may appear to be on a continuous upward trajectory; your marriage and family life may be untroubled; your body may be healthy; and you may have a comfortable home in a good neighborhood. Perhaps you’ve worked your way up the ladder to become a chief finance officer or a director, supported by bosses who valued and encouraged you. You embrace the chance to gain knowledge and undertake new challenges. None of this makes you immune to depression.

One of the most insidious features of depression is its ability to adapt itself to each sufferer’s individual situation. If weaknesses are overdone strengths, depression is the master at turning one’s assets into liabilities. People who value intelligence and learning believe themselves to be uninformed and inadequate. People who enjoy socializing and interacting turn withdrawn and taciturn. And people who enjoy a vigorous physical life with sports and activity desire nothing more than to curl up in a fetal position and do as little as possible.

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In Undoing Depression,1 Dr. Richard O’Connor writes about this desire to “stay home, watch TV, and feel sorry for ourselves. It’s easier than working our way out of depression. The problem is that stagnation isn’t static. Once you start rotting, you don’t stop. You may be able to watch a few weeks of TV safely, but any more than that and you will be doing yourself harm. Your self-esteem, ambition, humor, and juices will dry up.”

Nonetheless, the craving to withdraw from the world is a powerful force. Recognizing this tendency and acknowledging that it is a symptom of something deeper and more profound is a critical step in recovering from depression. O’Connor further notes that “our choice is to grow or die. The long-term cure for depression doesn’t come from anything other than living right – being productive, generous, caring, and other-centered. Happiness is something we achieve through our own effort, not something we can buy or acquire, not something anyone else can give us. It’s a by-product of living a certain kind of life that helps us feel good about ourselves. It comes from being fully engaged in life, from paying attention to the present moment, to the process of living.”

SOUTH DAKOTA MUNICIPALITIES


NOT JUST A LOW MOOD Say you’re starting a new job – but instead of excitement, you feel a sinking sensation in your gut, and all you can think is that you can’t do it. There’s too much to learn, too much complexity, too much detail. You’ll finally be exposed as overrated and underqualified.

Another sinister quality of depression is how it convinces the sufferer that it doesn’t exist: “You’re not depressed – this is just the way you are.” Despite the torrent of public service announcements and media attention, sufferers often delay seeking help while undergoing ceaseless internal debate about the nature of their feelings and condition. Unlike physical maladies that are readily evidenced by blood tests, thermometer readings, or lab cultures, the symptoms of depression remain invisible, hiding in the shadows or masquerading as another illness. Hopelessness soon sets in.

WHEN THE PERSONAL AFFECTS THE PROFESSIONAL Many current articles discuss a work/life blend instead of work-life balance. None of us leave our personal issues and thoughts completely at home when we arrive at the office each day. And the proliferation of smart phones and laptop computers, which make it so easy to work any time

OCTOBER 2019

and anywhere, have further blurred the lines between work and home. So, it is no surprise that whatever is happening to us personally will affect our careers, as well. This is especially true when it comes to depression.

Depressed finance officers may try to shake off low feelings, but they often exhibit the following behaviors: • Spending as much of the day as possible alone in the office. • Having difficulty completing tasks and meeting deadlines. • Minimizing communication with others or avoiding contact altogether. • Failing to see the humor or humanity in everyday situations. • Avoiding difficult interactions or confrontations with others (e.g., disciplining an employee). • Resisting change or feeling intimidated by it.

This behavior is almost certainly a far cry from how they pictured themselves before, and it is in sharp contrast with the enthusiasm they displayed in interviewing for the job they now shrink from. If the depressed condition and attendant low performance continue long enough, bad outcomes can result for both the organization – undone projects, increased costs or lost revenue opportunities,

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heightened scrutiny – and the person – poor performance reviews, demotion, or termination.

OUTTHINKING DEPRESSION Ultimately, curing depression requires self-acceptance. Constant comparisons to others, unrelenting self-criticism, and excessive focus on weaknesses or failings are a recipe for permanent disconsolation. A professional therapist can often help one deal with these habitual thoughts and feelings, which may seem to take on a life of their own.

Once patients understand that their perceptions and thoughts are distorted and producing negative feelings and behaviors, they can begin to counter them. Sometimes a therapist will have patients use a worksheet or log to record distorted thoughts, the better to identify them and expose them to the light of reason.

Additionally, many individuals have found success with antidepressant medication and, for more difficult cases, electroconvulsive therapy (ECT). Often a combination of treatments, including therapy, is effective.

Depression is a multi-pronged condition and thus requires a multi-part solution – but emerging from depression literally gives sufferers a new lease on life. Individuals often find their sense of gratitude, tolerance, and acceptance deepened, and they may even be surprised to recall just how extreme and untrue their thoughts and feelings had been.

But depression has a way of lurking in the shadows and reasserting itself after the suffer thinks they have it beat. Patients who regarded Prozac as a miracle drug in recovering from their first depressive episode may be distraught to find themselves overcome with self-doubt and fear six months or a year later. The hard reality is that depression is a multidimensional affliction, and it requires a multi-pronged response. Medication alone is sometimes not enough to beat back the lingering fingers of depression that extend into the brain and body.

People who suffer from recurrent depressive episodes are prone to constant questioning and self-scrutiny about the situation. “What’s happening? I thought I had this beat.” The low mood descends again, and what worked so well the first time has no effect now. Where does that leave the sufferer? VICTORY The good news is that knowledge gained from the first episode can be deployed and translated into positive action for future instances: Acknowledge the problem. Get help. Begin treatment. Know that the condition will pass. In short, remember that it is okay not to feel okay. Above all, the sufferer must understand that recurrence does not 14

denote weakness, failure, or defectiveness; it simply means that the fight must resume. Each episode results in learning; the sufferer’s task is to just keep going. Fortunately, treatments for depression have a very high success rate. The challenge is in determining which treatment will work and possessing the patience and courage to follow through, however long the process takes.

Just as each episode of depression can be unique, so can each recovery. People who first recovered in a blazing epiphany of rebirth instead sense a gradual, growing improvement, a lightening of the ominous weight they had been struggling under. Each day seems just a little bit better, the ground below just a little firmer.

As John Powell writes in Fully Human, Fully Alive, “Psychologically speaking, a joyful self-acceptance, a good self-image, and a sense of self-celebration are the bedrock beginning of the fountain that rises up into the fullness of life.”2 This joyful self-acceptance is easier said than done, and it can seem infinitely out of reach to someone in the self-abusing throes of depression. Yet sufferers should know that even recurrent depression can be overcome, and that they are far from alone. Abraham Lincoln, Winston Churchill, even Bruce Springsteen all acknowledged repeated episodes of blackness and despair. Not bad company.

LESSONS LEARNED Those who have experienced and triumphed over depression often find they share common realizations. Finance officers who have suffered from depression shared the following lessons.

Ignorance Is Not the Same as Incompetence. Especially when starting a new job, people sometimes feel overwhelmed by how much they don’t know. They may live in fear of being described as “not knowing what they are doing.” But there’s an important distinction between ignorance and incompetence. As one finance officer summarized, “Not knowing what you are doing does not mean you are incompetent.” No one starts a new job knowing everything. Instead, if you feel overwhelmed, remind yourself that the cure for ignorance is learning. Embrace the complexity. Immerse yourself in the challenge. Remember that even the most capable professional started out with a knowledge deficit. Soon one task or subject learned will connect to another, and another, and another. And if a given task still resists mastery after persistent study, acknowledge that most tasks can be hired out or completed with outside assistance. Action Cures Fear. This is a case where a bumper sticker slogan is worth remembering. Fear is often described as “paralyzing.” Depression can lead a person to withdraw from challenges and engage in self-defeating internal SOUTH DAKOTA MUNICIPALITIES


conversations – “I can’t do it, I’m not capable, so I won’t do anything.” Withdrawal and avoidance only compounds the object of fear. Breaking down the problem into its smallest pieces can help you take action on a manageable scale. This action becomes a small victory that makes the next action easier. Success breeds success, just as failure breeds failure. Something is always better than nothing.

Know Thyself. People who experience and emerge from depression often find they have gained new insights into themselves. Looking back, they recognize what started their slide downhill, and they consider ways to manage those elements from a position of strength. They realize what is necessary to continue feeling good, and they may even find themselves more tolerant of others. Ultimately, we never really know what is happening inside another person. Giving a difficult co-worker the benefit of the doubt or an extra bit of understanding may make all the difference in a relationship, and successful relationships are essential for happy work and personal lives.

Running Can Help. Regular physical activity is a wellknown element for overall well-being. Running is an excellent ingredient in the recipe for a healthy life. Whether you are a lifelong athlete or devoted couch potato, running (or some other source of regular exercise) can work for you. It is the essence of incrementalism: You literally begin from wherever you are and take one step at a time, putting one foot in front of the other. Magazines and websites are full of stories about people who thought they would hate running but instead progressed from walking to jogging to 5K races, all the way to marathons. While you may not be able to run your way out of depression, many people find that running provides physical and mental benefits that help them deal with the stresses in their life. One finance officer who has finished five marathons noted that although he had experienced multiple episodes of depression in his life, none of them

occurred when he was in marathon training.

Confidence Is Everything. Finally, believing in yourself is the quintessential prerequisite for success in life. Depression robs sufferers of their confidence with false recriminations, exaggerated doubts, and unfounded selfcriticisms. Yet each of us is born with a unique set of qualities, so that by definition we each bring something to our jobs that no one else can. Build on this uniqueness and be proud of it. Consider all that you have done in your life, and believe in all that is yet to come. Know that a depressive episode is just that, an episode, a brief interruption in the tremendous life you are leading. Resist the negative self-talk in your head and acknowledge your true worth – you didn’t get where you are by being an uninformed, withdrawn imposter! CONCLUSIONS For all its prominence in the media and popular culture, depression is a good trend to avoid. Be aware of the symptoms and know that government finance officers, despite being highly qualified professionals, are not immune to this severe but survivable condition. Help is available, and chances are you will emerge better and stronger than before. Put one foot in front of the other, literally and figuratively. You got this! Notes 1 Richard O’Connor, Undoing Depression (Little, Brown and Company, 1997). 2 John Powell, Fully Human, Fully Alive: A New Life through a New Vision (Thomas More Press, 1976).

KENT AUSTIN is capital budget manager for the City of Dallas, Texas.

Originally published by Government Finance Review (gfoa.org)

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15


Mobile Phishing to a new study by Verizon that surveyed 671 professionals in charge of mobile device procurement and management in their organizations. This represents a 5 percent increase compared to the results of a similar survey last year.”

Patrick Perry, Network Infrastructure Consultant, Sophicity

Just when you thought you had your mind wrapped around the threat of phishing attacks on a desktop or laptop computer, mobile phishing has emerged as an even more dangerous threat. Why?

First, many people use their mobile devices more than a typical computer. Second, mobile devices are personal. A person’s comforting familiarity with their favorite smartphone or tablet means they can let their guard down more than when they use a desktop or laptop.

A few alarming stats include: Mobile ransomware increased by 33 percent last year, according to Symantec. • “Lookout says that between January and September 2018 that 56% of their users (a mix of consumer and enterprise) clicked on a phishing link via their mobile device. Since 2011, there’s been an 85% growth per year at which consumers fell for mobile phishing links.” • “One in three organizations admitted to suffering a compromise due to a mobile device, according

To help your city employees avoid clicking on malicious links or attachments that will expose your city to ransomware or viruses through their mobile devices, we’re offering a few mobile-specific phishing tips here.

1. Be even more skeptical of clicking on malicious links and attachments. On a desktop or laptop, you can more easily see website URLs, email addresses, and security red flags on a bigger screen. To conserve space on the screen, mobile devices sometimes hide such important information that helps people know if they are in risky territory. For example: • When using a mobile browser, the URL sometimes becomes hidden as you scroll down on a webpage. That means you could be on a malicious website and not realize it. • To conserve space, mobile email software may hide email addresses. Also, you’re not able to hover over links in a mobile email to check out the URL as you can on a desktop or laptop. Instead, you must press and hold the link on a mobile device to see the URL. • Because some mobile devices either do not allow antivirus software or may have limited antivirus protection compared to desktops and laptops, it’s easier to click on malicious attachments and accidentally download malware.

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SOUTH DAKOTA MUNICIPALITIES


•

Using our fingers on a screen is often clumsier than the precision of a mouse click or keyboard stroke. Even if we’re mentally careful, sometimes our fingers might accidentally click on a link or attachment when that’s not what we intended.

Stay vigilant and apply the same phishing best practices that you’ve learned on the desktop and laptop. But be extra vigilant on mobile devices.

2. Only download apps from the Apple or Google Play app stores, and even then… One way to highly increase your risk of a virus or malware is to download an app from an untrusted source. An employee might get tempted with innocuous-looking apps for games, antivirus software, or even flashlights. What seems innocent suddenly starts to slow down your phone and serve up unexpected pop-up ads. When your mobile device stops working properly, it may mean you have a virus or malware. While we recommend downloading any apps through the legitimate Apple App Store or Google Play Store, still be

careful. The Apple App Store tends to thoroughly vet apps, but the Google Play Store is notorious for allowing malicious apps. If you must download an app yourself, make sure it is legitimate through indicators such as the number of downloads, reviews, and recommendations from a trusted contact.

Even legitimate apps may have permission to share sensitive or confidential information that may violate laws or hold you liable in case of a cybersecurity incident, and non-technical employees may not even know they are sharing such information.

3. Be careful about clicking on ads (especially pop-up ads). As a society, we’ve grown more jaded about ads on a desktop or laptop computer. It’s not uncommon for pop-up blockers to block most ads on a webpage. On mobile devices, ads look more inviting, less intrusive, and easier to click. The negative consequences of clicking on an ad seem less in such a context. But ads can be a major source of malware, especially on websites and through apps.

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Apps—even legitimate apps—often deliver malicious ads. For example, a weather app from a legitimate company may deliver regular, trusted information. However, they may also use an ad network with poor vetting that occasionally serves up malicious ads. Just because you trust the app doesn’t mean you should trust the ads.

4. Don’t get “smished.” What is “smishing”? Also known as “SMS phishing” (with SMS standing for “short message service,” the technology behind texting), smishing seeks to trick people into clicking on a malicious link or attachment through a text message. These text messages are similar to the usual phishing scams—pretending to be your bank, a retailer, the IRS, etc. But because texting has an immediacy and urgency that emails lack, you might be prompted to log in to your bank, respond to an account error at a retailer, or think the IRS needs a payment from you. Scammers also try to trick you in more positive ways such as telling you that you won a contest or reward. (NBC Nightly News did a segment on smishing in 2018 that provides a good overview.)

To spot these smishing attacks, look for obvious signs such as: • Texts that come from numbers not in your contact list. • “Urgent,” unsolicited texts that want you to do something NOW. • Misspellings and weird grammar, especially if the text seems to come from a trusted contact. If you have any doubt about a text, call the business directly (such as a bank) or ask your IT support vendor for help.

It’s a great idea to discuss mobile phishing and smishing in your employee cybersecurity training. Talk specifically about the ways mobile phishing works differently from desktop/laptop phishing, as well as pointing out the similarities.

It also helps to have IT support staying on top of these risks and working to guard employees against bad threats, even if they make an occasional mistake when clicking on a website link or attachment.

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Deadline for Urban and Community Forestry Grant is October 14

South Dakota communities, non-profit organizations, and Native American tribes are encouraged to apply for a 2019 Urban and Community Forestry Comprehensive Challenge Grant.

Applications and accompanying documentation must be submitted to the South Dakota Department of Agriculture, Division of Resource Conservation and Forestry (SDDA RC&F) by October 14, 2019.

The Challenge Grant can be used to help communities solve specific community forestry problems or demonstrate the importance of trees and urban forests in our communities. Projects must be for trees or tree management on public land or in public right of ways. Funds can be used for professional services, tree inventories and assessments, existing tree care and maintenance, training and education, and new tree planting. Communities must contribute an equal match for all funds awarded. This can be met through cash or in-kind contributions.

OCTOBER 2019

The Challenge Grant application can be found at: http://sdda.sd.gov/conservation-forestry/grantsloans/community-forestry-challenge-grants/. Projects must follow the guidelines for Community Forestry Challenge Grants. These guidelines can be viewed at: http://sdda.sd.gov/documents/UCF%20Challenge%20Gran t%20Requirements%20Details.pdf.

For more information please contact Rachel Ormseth at 605.773.3594.

Agriculture is a major contributor to South Dakotaâ&#x20AC;&#x2122;s economy, generating $32.5 billion in annual economic activity and employing over 132,000 South Dakotans. The South Dakota Department of Agriculture's mission is to promote, protect and preserve South Dakota agriculture for today and tomorrow. Visit us online at sdda.sd.gov or find us on Facebook, Instagram, and Twitter.

19


Summer Study Update

By the time you are reading this, we will be getting started with our 2019 South Dakota Municipal League Conference. I hope you have a great time at the meeting, but the fight against SB 66 still continues as the Summer Study moves into the fall. The second meeting of the summer study was held August 28th and the turnout for the meeting was great. The Vote No on SB 66 stickers were out in full force again which is always great to see! Overall, I think the meeting was very informative especially given the fact that we did have a little time for rebuttal and continued to present more about how anything similar to what senate bill 66 was proposing would have negative consequences on the 35 cities that continue to own their electrical systems. Some of the things we cleared up regarding “takings” and “cherry picking” ended pretty quietly as Casey Crabtree from Heartland Consumers Power District corrected things by discussing that those checkerboard annexations were at the request of the living landowners. Adam Karst from Watertown, John Prescott from Vermillion and Steve Meyer from Brookings also did a great job of showing why and how these annexations are taking place in their communities.

I really feel like I am repeating myself, but those 35 communities that own their electrical system and provide power to their citizens need to have the opportunity to grow, just as the rural electrics have the opportunity to grow. They rely on your electrical system to help the community and have been operating with the right to expand their services for over 44 years. They need to continue to have the opportunity to expand their services when they annex territory. It is how they have made their community successful and a change to that would have irrevocable effects on their development. The thought that we are taking Rural Electric territory is just not the case. I think that is clear by now. The fact that involuntary 20

annexations do not take place proves that point. Again, where is the fire? What is the issue? Are those 35 cities so successful that the legislature needs to be looking at stopping their growth? Or at least slowing their growth? Sure, we can still annex even if territory is frozen, but why would we want to develop territory if we aren’t going to benefit from the revenue of the utilities? Do people invest in things when there is no chance of a return on that investment? These municipalities have been running their cities and towns this way for many years and it is what has proven to be successful for them. They all work hard and each one of them probably has a different way of doing

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things. I know that Elk Point has a different idea of how to manage things than McLaughlin, but both know that owning their electrical systems and potential growth is great for their community. I’m sure that the rural electrics also agree that they are looking for more growth as well. I guess I still just don’t get it. What exactly hasn’t been working? Isn’t it good for the rural electrics when we provide more jobs in our communities? I’m sure that the rural electrics have seen some growth outside of town because of those jobs that are created.

The next claim is that there is duplication of services since it is impossible to plan for where the city will expand next. The city comprehensive plans are in open meetings. Which means the public can attend and listen in on those meetings. Also, the minutes of those meetings are published for the public, so if you want to know where the city is expanding or annexing it should not be very difficult to find that information. Even more strange is that a lot of these annexations are taking place on bare ground. Even on bare ground, the Municipal Electric has to compensate at a rate of 25% for 7 of 11 years. If it isn’t bare ground and there is any infrastructure within the annexation there is compensation for that as well.

There are 60 communities in South Dakota that have chosen to give the local Rural Electric permission to serve their communities. We know they can do a great job and can expand their services when those municipalities annex and expand. Some Rural Electrics have a service and maintenance agreement with Municipal Electric communities. Some even provide all of the power to Municipal Electric communities. I’d like to think that many of our Municipal Electric cities and towns get along well with their local Rural Electric Cooperation.

South Dakota Public Power Thanks You

South Dakota Public Power would like to thank all of its sponsors for making the inaugural South Dakota Public Power PAC golf tournament fundraiser a success. The funds that were raised will be used to help promote South Dakota Public Power and the ongoing efforts of all cities and towns served by Municipal Electric Utilities. The tournament was a success due to the efforts of all of our sponsors: HDR, BKD CPA’s and Advisors, EMS Partners, Olinger Law Firm, InfoTech Solutions, WESCO, The Okonite Company, Then Duncan Law Firm, First Bank & Trust, Dave’s Construction Inc., Super Clean Car Wash of Miller, Fredrikson & Byron P.A., Omni-Pro Software, Inc., Border State Supply, and individual sponsors Yvonne Taylor, Tom Heller and Deb Birgen. South Dakota Public Power would also like to thank Gary Moen and Edgebrook Golf Course in Brookings for running a great tournament. A special thanks to tournament directors Tanner Burg, Ann Hyland, and Danielle Kearin of Heartland Consumers Power District and Russ Halgerson of Brookings Municipal Utilities.

I love this state. I want us all to be successful. We (all three electric utility types) all volunteer. We all want to promote safety and ensure that our employees return home safely every night. We all love economic development and seeing money reinvested into our communities. We all work as hard as we can for our citizens and customers. Let’s continue to work with each other to make our state and our HOMETOWN great.

The next summer study meeting had not been set at the time that this article was written. Possible dates discussed were October 11th, November 5th or 6th. Dates were tentative when this was written. Questions? Comments? Email me at Chris@sdmunicipalleague.org Call Chris: 605-770-6299. OCTOBER 2019

21


An Employee’s Notice of Her Need for Medical Leave was not Sufficient to Invoke Protections Under the FMLA

by Abbey Moland, McGrath North

The importance of carefully scrutinizing an employee’s stated reasons for seeking medical leave was underscored in a recent federal court decision. The failure to do so may lead to unintended liability for violating the Family and Medical Leave Act (FMLA).

The plaintiff in Gardner v. City of Philadelphia had conflicts with her supervisor and was involved in several difficult meetings with him. The employee subsequently sent an email to her supervisor stating “With me being in a stressful work environment and having other medical issues, my doctor wants me to take sick leave for a few days. I am hoping to return to work some time next week.” The “other medical issues” that Gardner referred to, but did not fully describe, apparently were depression, anxiety and stress, which she alleged were caused by interactions with her manager. However, her depression and anxiety were not actually diagnosed by her doctor, nor was she on medications for those conditions.

indicate that she intended to request FMLA leave, was considering going on FMLA, or had a serious health condition. In short, the record didn’t establish that the company was on notice that the employee was intending to use the requested sick leave for an FMLA-qualifying reason.

Although the Court in this case ruled on the company’s behalf before the matter even went to trial, its discussion and analysis of the information given by the employee to her supervisor and its analysis of the stated reasons by the employee for her FMLA leave demonstrates that it was navigating through a gray area. Employers who are contemplating disciplinary action against an employee who has just sought or returned from a medical leave should take a step back, draw a deep breath and review the information they have at their disposal to determine whether it is sufficient to cause them to be believe that FMLA rights were involved or to cause them to seek further information.

Before she could return to work, she was terminated due to continued performance deficiencies. She filed a lawsuit alleging retaliation for having sought FMLA leave.

The Court pointed out that to establish a claim, a plaintiff must prove: (1) that he or she invoked their right to FMLA-qualifying leave; (2) that they suffered an adverse employment action; and, (3) that it was causally related to their pursuit of FMLA rights.

To establish that they properly invoked their right to the FMLA, an employee does not have to show that he or she expressly requested leave under the FMLA, but they must show that they provided information sufficient for an employer to reasonably determine whether the FMLA may apply. Calling in sick, without providing more information, would not be considered sufficient notice. The key, obviously, is how the information received by the employer should be reasonably interpreted. Normally, when the employer is on reasonable notice of the employee’s potential need for FMLA leave but does not have sufficient information about the reason for an employee’s use of leave, it should further inquire of the employee to determine whether the leave is FMLAqualified.

The Court found it to be very significant that the purpose of the plaintiff’s leave was to determine if she actually qualified for FMLA leave. It observed that plaintiff did not 22

SOUTH DAKOTA MUNICIPALITIES


CITY HIGHLIGHT

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Provided by: Rapid City Chamber of Commerce

OCTOBER 2019

23


Website Posting of Financial Documents

The Government Finance Officers Association (GFOA) has long encouraged governments to demonstrate accountability and transparency by making financial information of the highest quality readily accessible to citizens and other interested parties. A government’s web site is especially well suited for this purpose. Benefits of using the government’s web site to communicate financial information include: • Heightened awareness. Many potential users of a government’s financial information may only discover that it is available because they find it on the web site. • Universal accessibility. Information furnished on a web site is readily available to a wide range of potential users (e.g., citizens, rating agencies, regulatory agencies, other governments, and the press) without charge. • Increased potential for interaction with users. A web site can offer two-way, multi-conversational, or interactive formats. This capacity may be especially helpful for proposed documents or for citizen surveys. • Enhanced diversity. A web site may offer the possibility of providing the same financial information in a variety of languages, which may

• •

•

• •

be needed pursuant to the policies of a particular governmental entity. Facilitated analysis. Computerized tools can be used to find, extract, and analyze data presented in electronic form. Increased efficiency. Presenting all financial information in a single location can help to avoid calls for redundant specialized reports (e.g., reproducing data already presented in the comprehensive annual financial report or the budget document). Lowered costs. Electronic publication can be accomplished relatively quickly and can reduce or eliminate many of the costs associated with producing a hardcopy report, including those associated with handling and mailing the reports. Contribution to sustainability. Using a web site to isseminate financial information may reduce paper consumption, thereby contributing to the core value of sustainability. Broadened potential scope. The use of hyperlinks allows for easy referencing of relevant information from other sites.

While posting financial documents on a web site is a

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

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24

SOUTH DAKOTA MUNICIPALITIES


tremendous resource to citizens and an important investor relations tool, governments should be reminded that it does not meet the continuing disclosure responsibilities for issuers of municipal debt set forth in Securities and Exchange Commission Rule 15c2-12.1 Recommendation:

GFOA encourages every government to use its web site as a primary means of communicating financial information to citizens and other interested parties. Furthermore, the GFOA recommends that a government comply with the following guidelines when presenting official financial documents on its web site: Formatting. The practical usefulness of a document is enhanced when a government observes the following formatting conventions: • Consistency with hardcopy version (if any). If a document is issued in hardcopy form, the web site version should be identical.2 Any subsequent changes should be made to both. • Legibility. Font size, page layout (i.e., portrait versus landscape), and direction should be consistent throughout the report. • Pagination. Pages should be numbered sequentially. • File size. A single electronic file should be presented for the entire document. Individual files for the various components of large reports might also be presented in view of the limitations that some users face when attempting to download or receive large files. In such situations, the number of individual files should not be so great as to make it difficult to review the material or relate the various sections to one another.

•

•

A notation also may be needed to direct the user on how best to view the document (e.g., laptop or desktop computer versus a handheld device). Linking. The table of contents should allow the user to go to specific pages with a click of the mouse. The inclusion of bookmarks also can enhance flexibility and maneuverability in navigating the document. Testing. Web site-based financial documents should be tested to ensure that they will function with different computer operating systems.

Electronic financial reporting language. Governments should monitor developments in standardized electronic financial reporting and apply that language to their electronic document process when appropriate.

Distribution. Electronic publication can also help the government meet the objective of providing financial information on a timely basis. Once published electronically, potential users should be informed that financial documents are available at the web site. Local newspapers, cable television, council meetings, mailings, and the printed document itself (if prepared) can be used for this purpose. For users without access to the Internet, other electronic media (e.g., CDs or flash drives) should be made available at locations such as local libraries or the

Technological Infrastructure. A number of issues related to a government’s technological infrastructure should be considered when presenting financial documents on the government’s web site: • Security. The security of the web site should be evaluated and all reasonable steps should be taken to protect documents from unauthorized changes. • Placement. A link to the document should appear prominently on the homepage or there should be some other tool for easily locating the document (e.g., internal search tool). • Software compatibility. The software used should be suitable for the particular information being presented and be broadly compatible with other commonly used software. • Features. The downloaded file should allow for basic features such as zooming and continuous page format (e.g., so rows on financial schedules can be viewed on facing pages). A search mechanism should also be available within the document. • Instructions. General user instructions (e.g., how to download Adobe software) should be provided. OCTOBER 2019

25


city hall. Before electronic publication, the government should consult with their counsel to ensure that any legal issues related to the distribution of the financial information have been appropriately addressed, including compliance with all applicable provincial, state and federal laws and regulations (e.g., American Disabilities Act). Information disclaimer. If applicable, the web site should prominently notify users that the information in the financial document has not been updated for developments subsequent to its issuance.

Historical information. If a government elects to present documents of prior years, the web site should identify those documents as dated information for historical reference only and clearly segregate them from current information. A library or archive section of the web site is advisable for this purpose.

Committee: 1 Governments with public debt outstanding are urged to consult GFOA’s recommended practice Using a Web Site for Disclosure. Issuers of public debt also should familiarize themselves with SEC’s Interpretive Release on the Use of Electronic Media (see www.sec.gov/rules/interp/34-42728.htm).

2 However, slight variations that may be necessary for practical reasons to prepare the hardcopy information for publication as an electronic document are acceptable. In cases where there is some type of auditor association with a document, it can be helpful to reach an upfront agreement with the auditor on the nature of the revisions that are acceptable in the preparation of the electronic document.

This best practice was previously titled Presenting Official Financial Documents on Your Government's Website.

References: GFOA Best Practices, Improving the Timeliness of Financial Reports (2008) GFOA Best Practices, Using a Web Site for Disclosure (2002). GFOA Best Practices, Sustainability (2002).

w w w. i n t e r s t a t e e n g . c o m 123 E Jackson Blvd #1, Spearfish / (605) 642-4772

26

SOUTH DAKOTA MUNICIPALITIES


Recreational Trails Receive Funding

Governor Kristi Noem has awarded Recreational Trails Program (RTP) funding to several cities, trail groups and state parks totaling $1,358,113. The federal assistance program provides up to 80 percent reimbursement for trailrelated development and maintenance projects.

The following applicants were awarded grants for trail construction and upgrades: • Black Hills Nordic Ski Club – Trial Groomer and Signs, $7,259 • City of Crooks – Sunset Park Trail Extension, $57,750 • City of Pierre – Griffin Park Trail Rehabilitation, $95,000 • City of Spearfish – Recreational Trail Extension, $100,000 • Trailbusters Snowmobile Club, Beresford, Snowmobile Trail Groomer, $194,800 • Yankton County – HWY 52 Trail Resurfacing, $129,618

Additional grants were awarded for trail improvement projects at the following locations: The Black Hills Snowmobile Trail System, George S. Mickelson Trail and

Pierson Ranch-Chief White Crane Connector Trail.

“These project sponsors have shown a strong commitment to improving their communities and state parks and recreation areas. They’re making South Dakota a better place to live, work, and play,” said Governor Noem. “These projects will undoubtedly benefit future generations of South Dakotans and encourage more families to enjoy the outdoors together.” The Recreational Trails Program is funded by the Federal Highway Administration and administered in South Dakota by the Department of Game, Fish and Parks. The funds come from the Federal Highway Trust Fund and represent a portion of the motor fuel excise tax collected from non-highway recreational fuel use. The five-person citizen RTP Advisory Council reviewed the applications and made recommendations to Governor Noem.

For more information on this program, contact Randy Kittle, Grants Coordinator, at 605.773.5490 or by e-mail at randy.kittle@state.sd.us.

WH WHA HAT TE EVER EVE VER R YO YOU UR S UR SITUA SIT TUA TU T UA ATIO TION, T O ON, ON DSG SG MA MA AKES W WA AT TER R WO WOR W OR O RK RK From wa waterr s system ys ms s to o indu industrial nd pumping ng applications a applications, ap plic c from rom s storm m water attte e to meterin er ete t ng, ng we’re e experienced ienced d and an ready ead ady to o make ma your yo our o u ur job easier sie er. Our O Our cre c ew w specializes sp pe p ecia aliz ze in co combi mbining mb g experience ience an and d inn novatio novation t n tto offer tio er you y so s olut s olutions o for your you challengin llengin ng g projects. jects Co Contact ontac us s to today da to o le learn ea more abo about how o DSG SG Gc can an help you you. y PLYMOU YM MOU M OU UT MN UTH, MN MONTICELLO, M TICELLO, CE EL LLO, MN LL N FA AR RGO, ND RGO, RG N BISMAR BIS B RCK, CK K, N ND S UX SIOUX SIOU X FALL LLS, SD D RAPID PIID PID P D CITY C , SD D

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Risk-Sharing

Kids’ Chance of South Dakota

By Jennifer Andrisen Selzler

Kids’ Chance is a national organization offering needbased higher education scholarships to children affected by a workplace injury. Unfortunately, when a parent is severely or fatally injured at work the children’s goals of higher education may be unattainable. In 1988, an attorney from Georgia saw the impact that serious workplace injuries had on the children and began raising money to fund scholarships. By 2002, other states followed Georgia’s lead and also had programs. Discussions of a national organization began, and in 2007, Kids’ Chance of America Inc was alive and ready to continue its mission.

Kids’ Chance would like to have a local chapter in every state and South Dakota is rising to the challenge.

In 2015, the South Dakota chapter was developed by professionals on both sides of the workers compensation aisle. Realizing that children should not be collateral damage provided the common ground between representatives of both claimants and insurers. We in South Dakota are the first chapter to offer scholarships to those in the tribal workers compensation program.

Thanks to the generosity of many individuals and businesses, Kids’ Chance of SD has already offered thousands of dollars in scholarships.

If you know of a student in need, please check out www.kidschanceofsd.org to review the criteria and application. The deadline is April 30.

If you are interested in donating to the mission, please contact Mike McKnight (605-336-2424) or Renee Christensen (605-335-1778). Claims Associates Inc and SDML Workers Compensation Fund are proud to be a part of the workers compensation community supporting Kids’ Chance of South Dakota. OCTOBER 2019

29


Washington Report: By Senator John Thune

The only thing better than hosting a Senate Commerce Committee hearing on the importance of rural broadband is hosting one right here in South Dakota. Rural Americans, like many people throughout our state, understand the unique opportunities that broadband connectivity can provide, which is why I took the committee on the road for a field trip of sorts before Congress reconvened this fall, hosting a hearing at Southeast Technical Institute on “Transforming Rural America: A New Era of Innovation.”

Having a variety of perspectives on this issue is important, and I want to thank Brendan Carr, a commissioner on the Federal Communications Commission, and Nebraska U.S. Sen. Deb Fischer for coming to South Dakota to join me and representatives from Dakota State University, South Dakota State University, Avera eCARE, SDN Communications, and VIKOR Teleconstruction. Their collective insight helped paint a clear picture of the hurdles we still need to overcome in order to bridge the digital divide in South Dakota and around the country.

Rural broadband connectivity is critical for many reasons, not the least of which, obviously, is that it helps connect people and communities to the world around them. The fact that it is 2019, and the technology exists to put a

Taking the Senate Committee on the Road

remotely operated vehicle on the surface of Mars, yet people in some parts of the United States can’t even connect to the internet is astounding, and that’s an understatement.

It’s for that reason that I’ve made closing the digital divide in rural America one of my top priorities. Through muchneed investments, modernized broadband mapping, and commitments from elected leaders and federal, state, and local agencies, accomplishing this goal is well within reach. A fully connected United States means businesses can tap into markets that have been unreachable, and it means new educational opportunities for students and teachers alike. Imagine being able to have the world at your fingertips and what that can do to better position our students for careers now and in the future.

For folks in the agriculture community, this technological advancement means having additional state-of-the-art tools at their disposal to increase crop yields, eliminate overlap in operations, and reduce inputs like seed, fertilizer, pesticides, water, and fuel. And for telehealth services, connectivity potentially means reduced costs and fewer barriers to care.

As I said during the hearing, all of these applications are the result of having a reliable broadband network, and as we look ahead to next-generation fixed broadband and wireless services, it is critical we have the workforce and proper infrastructure in place to bring communities further into the 21st century.

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November 1 - February 8, 2020 “Farmher: South Dakota” Exhibit Brookings October 18 - January 5, 2020 2019 Pheasant Hunting Season Statewide

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November 14 Preservation Thursday: Theodore Roosevelt and Women’s Suffrage Deadwood

November 15 - December 18 November 1 - 2 Ringneck Festival & Bird Dog Challenge Black Hills Christmas Tree Permit Season Huron Custer November 1 - 23 November 15 - 16 Firehouse Brewing Theatre: American Snoozeum Idiot Deadwood Rapid City November 5 - September 28, 2021 Piano Live! Rapid City November 9 Mountain West Beer Fest Rapid City

November 22 - January 5, 2020 Winter Wonderland Sioux Falls

November 23 - 24 Winterfest: A Winter Arts Festival Aberdeen

November 26 - December 26 Christmas at the Capitol Pierre November 29 Annual Holiday Open House Pierre Parade of Lights Huron

Annual Parade of Lights Sioux Falls

November 29 - December 14 1880 Train Holiday Express Spiked! Hill City

November 29 - December 28 1880 Train Holiday Express Hill City

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CLASSIFIEDS

CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is October 10 for the November 2019 issue. Email ads to sara@sdmunicipalleague.org or fax to 605224-8655. Visit www.sdmunicipalleague.org for more classifieds.

MAINTENANCE WORKER (PART-TIME): Java. SD Work areas include but are not limited to water, sewer, streets, parks, snow removal, landfill and cemetery. The following certifications/licenses must be possessed or be able to obtain within 6 months of employment: Class I Water Distribution, Class I Wastewater Treatment and Collection. Applicant must have a valid SD driver’s license and be competent to operate a blade, front end loader, tractor and gravel truck. For an application and job description contact Town of Java, PO Box 56, Java, SD 57452-0056. You may also call 605-649-6226, fax: 605649-6229 or email javacity@venturecomm.net. The Town of Java is an EOE. Position open until filled.

SWIMMING POOL MANAGER: New Underwood, SD The City of New Underwood is seeking a Swimming Pool Manager. The Pool Manager plans, directs, leads and supervises the pool operations under the direction of the Finance Office. The Pool Manager also supervises the lifeguards and concession workers. Must be at least eighteen (18) years of age. Must be a Certified Lifeguard, preferably YMCA certified. Must have CPR and First Aid Certification as well as complete a Certified Pool Operators course. This position is seasonal, working 6-10 hours per day, some nights and weekends, depending on how many hours are necessary to complete the job. For more information or to apply, contact Meri Jo at 605-754-

6777, email City Hall at cnuofc@gwtc.net or visit www.newunderwood.com.

LIFEGUARDS/CONCESSION WORKERS: New Underwood, SD - The City of New Underwood is seeking applicants for Lifeguards/Concession Workers for the 2020 Summer season. These positions will enforce safety regulations for the protection of pool guests and maintain cleanliness of the pool and surrounding areas. Lifeguards must be at least Fifteen (15) years old and certified in lifeguard training, CPR for the Professional Rescuer and First Aid. Concession Workers must be at least fourteen (14) years old and have CPR and First Aid training. This position is seasonal and hours may consist of 6-10 hours per day, nights and weekends as scheduled. For more information or to apply contact Meri Jo at 605-754-6777, email City Hall at cnuofc@gwtc.net or visit www.newunderwood.com.

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PUBLICATION ORDER FORM The following publications are available from the SDML office. To order copies, please indicate the specific publication you are ordering, enter the quantity desired and fill in the mailing information at the bottom of this form. Please call 1-800-658-3633 if you have any questions.

_____ Subscription to South Dakota Municipalities, the official magazine of the South Dakota Municipal League (1-year subscription, published monthly) $30.00 _____ Handbook for South Dakota Municipal Officials* $60.00 (Includes 2018 and 2019 Supplement) _____ Handbook for South Dakota Municipal Officials* - Non-Municipal Price $120.00 _____ 2018 Supplement to the Handbook for South Dakota Municipal Officials* $10.00 _____ 2019 Supplement to the Handbook for South Dakota Municipal Officials* $10.00 *The Handbook for South Dakota Municipal Officials is a copyrighted publication. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of the South Dakota Municipal League.

_____ Sample Personnel Policies Manual $125.00 (Free to current SDPAA members) _____ 2019-2020 Directory of South Dakota Municipal Officials $20.00 _____ *XLGH WR 6RXWK 'DNRWDÂśV 2SHQ 0HHWLQJV /DZ FREE _____ 2019 Elected Officials Orientation Packet FREE (Please find a printable version on our website www.sdmunicipalleague.org/library) Please indicate Form of Government: Aldermanic Aldermanic with City Manager Commission

Commission with City Manager

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Municipality/Organization _______________________________________________________ Name ______________________________________________________________________ Address ____________________________________________________________________ City _______________________________________State _______ Zip Code _____________ Amount Enclosed $ ______________Phone Number _________________________________ Email Address ________________________________________________________________ Send with payment to: (No credit cards accepted)

South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532

S DM L OIsland FF IC EDrive, U S E ON LY : DATE :____________________ CHECK #:_____________________ :___________________ 208 Ft. Pierre, South Dakota 57532 x 605-224-8654 x fax 605-224-8655 xAMOUNT www.sdmunicipalleague.org

OCTOBER 2019

37


Municipal Calendar S

6 13 20 27

M 1 7 14 21 28

October 2019 T W T F 1 2 3 4 8 9 10 11 15 16 17 18 22 23 24 25 29 30 31

S 5 12 19 26

S

3 10 17 24

November 2019 M T W T F 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29

October

S 2 9 16 23 30

On or before October 1 – The tax levies for the ensuing year must be certified to the county auditor. (SDCL 10-127; See Hdbk. Sec. 12.066)

In October – The State Department of Revenue mails out liquor license application forms to all licensees to be completed and submitted to the local authorities for initial action at the first regular meeting of the governing body in November. (NOTE: This is an administrative determination so no statutory citation is possible.)

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

By October 15 – The secretary of revenue shall apportion the money in the local government highway and bridge fund. (SDCL 32-11-35; See Hdbk., sec. 12.255(6))

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

No later than November 1 – Delinquent special assessment installments which are payable under the Plan Two option must be certified to the county auditor. (SDCL 9-43-106; See Hdbk., sec. 12.160)

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

November

No later than November 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600)

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

No later than November 1 – Delinquent special assessment installments which are payable under the Plan Two option must be certified to the county auditor. (SDCL 9-43-106; See Hdbk., sec. 12.160)

November 1 – All property subject to taxation shall be listed and assessed annually, but the value of such property is to be determined according to its value on the first day of November preceding the assessment. (SDCL 10-6-2; See Hdbk., sec. 12.105) First Tuesday after the first Monday in November – The general election is held each even numbered year. (SDCL 12-2-2) November 11 – Veterans’ Day – State holiday (SDCL 1-51)

No later than second Tuesday in November – Governing boards wishing to consolidate boards of equalization must approve a resolution outlining consolidated board membership. (SDCL 10-11-66; See Hdbk., sec. 12.120) Fourth Thursday of November – Thanksgiving Day – State holiday (SDCL 1-5-1)

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)

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)

38

SOUTH DAKOTA MUNICIPALITIES


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