Issuu

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

2nd VICE PRESIDENT Amy Leon City Manager, Yankton

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

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

Dist. 4 - Becky Brunsing City Administrator, Wagner

Features

Contents

2021 Annual Report Workshops . . . . . . . . . . . . . . . . . .6

SDML Affiliate Membership Options . . . . . . . . . . . . . .8

Municipal Election Resources on SDML Website . . .12

2021 Municipal Election Calendar . . . . . . . . . . . . . . .14

First COVID-19; Now Marijuana: Time to Dive into the Pool if You Haven’t Already . .16 The Cloud Helps Cities Fend Off Cyber Threats and Reduce Liability . . . . . . . . . . . . . . . . . . .18

6 Things You Need to Know About Unlimited Data Storage . . . . . . . . . . . . . . . . . . .22

Driving a Positive Workplace Culture . . . . . . . . . . . . .23

Dist. 5 - Renae Phinney President, Ree Heights

SDMEA Hometown Power: Committee Updates . . . . . . . . . . . . . . . . . . . . . . . . . .28

Carolynn Anderson Finance Officer, Wall

Dist. 7 - Gary Weismantel Mayor, Herreid

OPINION: Why I’ll Wear A Make to Session, Even if I am the Only One . . . . . . . . . . . . . . . . . . . . . .31

Harry Weller Mayor, Kadoka

Dist. 9 - Laurie Woodward Finance Officer, Custer

TRUSTEES Fay Bueno Finance Officer, Sturgis

Karl Alberts Finance Officer, Aberdeen Christine Erickson Councilmember, Sioux Falls PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City

Dist. 6 - Leland Treichel Mayor, Roscoe

Dist. 8 - Brittany Smith City Administrator, Philip

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

A Glance Through the SDML Website . . . . . . . . . . . .30

Columns

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

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .32 Washington Report: Senator Rounds . . . . . . . . . . . . .34

In Every Issue

Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

City Highlight- Miller . . . . . . . . . . . . . . . . . . . . . . . .21 Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .36

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .41

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.

DECEMBER 2020

VOLUME 87, NUMBER 6

Director's Notes I don’t like asking for money. This job works out well in that regard, because not once in my nearly 30 years have you sent us into the Legislative session with our hands out, asking the State for funding.

I don’t think the State appreciates this as much as they should. You all do an incredible amount of stuff, and largely what you ask from the state is to be allowed to do it with a minimum of interference AND with a modicum of trust in the locally elected official to act responsibly with the power to tax.

Over and over again, you have sent us to the Legislature with the following message: “We want our own revenue sources, raised locally, with the spending of those resources determined locally, based on the needs and input from our citizens.” You are willing to shoulder the responsibility and take any heat. You just want to be allowed to do so.

Bless our Governor and the Legislature, because they face some extremely difficult budget questions again this year, but municipalities are not part of the problem – indeed, they are part of the solution, IF they are allowed the freedom to work locally to get our economies moving again.

Municipalities see themselves as partners with the state, working toward our economic prosperity. But certainly our cities are the engines that drive that growth, and they need not just the tools, but the freedom to USE the tools, in order to participate in our recovery and future growth.

If the state isn’t going to pick up the entire tab for all that cities provide – water, sewer, streets, quality of life facilities, economic development efforts, public safety, public health, and on and on – and the state is absolutely in no position to do so – then they need to free municipalities up to take care of their own needs.

South Dakota is a “pull yourself up by your own bootstraps” kind of state. We don’t tolerate much whining, 4

and we expect people to pull their own weight.

So please deliver this message to your incoming legislators: Please allow municipalities to pull their own load, take the reins in their local hands, take the heat locally if there is any, and be self-sufficient in working for their own community. We wish you a most happy holiday season, and please, wear your masks.

Until next month, remember we are always available at 1800-658-3633 or yvonne@sdmunicipalleague.org Yvonne Taylor Executive Director

Keep on top of what goes on under the Dome Subscribe to the SDML’s Legislative Update.

The SDML’s Legislative Update informs you on the hottest issues affecting municipalities as the South Dakota Legislature considers them. Each week League staff compiles an analysis of current and upcoming committee and floor action in the Senate and House.

As local leaders, you need to be a part of the action in Pierre. The Legislative Update helps get you there.

As you know, decisions in Pierre are made at a fast and furious pace, and the Update gives you a grasp of issues affecting how you govern on the local level.

Updates are issued throughout the session on a weekly or as needed basis, via fax, mail or email. Email is free, including an unlimited number of addresses to each city.

To receive the Legislative Update via email contact Yvonne at yvonne@sdmunicipalleague.org and be sure to follow us on Facebook and Twitter for up to the minute updates. To get the Update sent to you by mail or fax please send $10 along with a request (include your mailing address, phone number or fax number) to: SDML, 208 Island Drive, Fort Pierre, SD 57532.

SOUTH DAKOTA MUNICIPALITIES

President's Report

Wow!! November has blown by us and we are now in the final month of the year. As I look back on 2020, I think about the challenges that have come forward and how as communities and individuals we have faced these challenges. I think we all will be happy to close the chapter on 2020 and start the new chapter of 2021. I hope that everyone is preparing to share important time with their family and friends over the Holiday Season. We enter the Holiday season in times of uncertainty and many unknowns. It is very difficult to write this article today, because as I sit here typing, I can’t help but think about the presidential election and how the propaganda around that election has made me have such an uneasy feeling. I feel disappointed that so many accusations are out there regarding corruption of the election process. We as Finance Officers run city elections, we see how many checks and balances must be followed to maintain that only qualified voter’s vote. We support a system that protects the American citizens in a manner that ensures every citizen’s right to vote, but also protects the election to ensure that individuals are only allowed to vote once. I am disappointed that I hear so many people say they don’t know what to believe and that watching the news causes us to question whether we are getting factual reports or if the nightly news has become more of a paparazzi style reporting rather than a source of the facts. I hate how we once again will begin a presidential term where there will be questions as to whether that individual has earned his right to serve or that, that right was only gained through corruption. I hate that I go to bed at night scrolling through the computer, fact checking voter turnout in states because of things I have heard or read throughout the day. I really want to see our nation come together as one and be the United States of America. I would love to see the citizens of our country come together, support and respect our president whoever that individual may be. I really believe that all this chaos does nothing but weaken our nation. We as a nation must find a way to come together, stop playing the political party fight and serve all the people of our country, not just the interests of one party. I really hope we can find that balance and move forward to strengthen our nation. DECEMBER 2020

Well that is my soap box for the month. I hope everyone has a Merry Christmas and Happy New Year. I am praying for a blessed 2021. Debbra Houseman

SDML Directory Changes

Bonesteel Baltic Grenville Philip

South Shore

Webster White

Delete: CM Mark Knutson Add: CM Jeremy Wollman

Delete: ADM Mike Wendland Add: ADM Rebecca Wulf

Delete: FO Brittany Linde Add: FO Rita Linde

Delete: PC David Butler Add: PC William Buls

Delete: BP John Meyer T Jamie Dolen Add: BP Jamie Dolen T Mike Klatt

Delete: LSM Dawn Nash Add: LSM Tracie Woodell

Delete: M Aspen Thorstenson CM Deb Hopfinger Add: M Scott Gladis CM Matt Cassels CM Matt Lagerstrom

Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2020-2021 Directory of Municipal Officials.

2021 Annual Report Workshops The South Dakota Municipal League and the South Dakota Department of Legislative Audit are cosponsoring on-line Zoom workshops on preparing this yearâ€™s annual report. Remember, annual reports are required to be filed by ALL municipalities. The workshops are brought to you free of charge and will be conducted by the staff of the Department of Legislative Audit. Finance officers, clerks, auditors and treasurers should plan to attend. The workshops will provide guidance on all types of annual report forms. If you have questions on which workshop you should attend please call Rod Fortin with Legislative Audit at 605-367-5810. Please have available your current or previous yearâ€™s annual report to use as reference material along with any questions you may have. Large Cities (Cash Basis): Those with $600,000 or more in revenue. x Wednesday, January 6, 2021 10:00am - 12:00pm CST Large Cities (GAAP Basis): Those with $600,000 or more in revenue. x Thursday, January 7, 2021 10:00am - 12:00pm CST Small Cities: Those with less than $600,000 in revenue. x Thursday, January 14, 2021 10:00-11:00am CST DEADLINE for Registration is ONE WEEK PRIOR to each meeting. -Those who register to attend will be emailed the Zoom login information one week prior to each workshop.

Annual Report Workshops Registration MUNICIPALITY _____________________________________________________________________________ Name

Title

________________________________________ _____________________ ____________________________ ________________________________________ _____________________ ____________________________

CHECK ONE:

_____ January 6

_____ January 7

_____ January 14

Please return to: South Dakota Municipal League, 208 Island Drive, Fort Pierre, SD 57532, Fax: 605-224-8655 email: lisa@sdmunicipalleague.org

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SDML Affiliate Membership Options

Ten affiliate organizations enjoy the advantage of being members of the South Dakota Municipal League. These organizations receive SDML staff support and hold their meetings at the League’s Annual Conference and many of the affiliate groups meet at other times during the year. Visit www.sdmunicipalleague.org/sdmlevents for a listing of all the events.

Dues notices for the Affiliates were recently sent to each city office and can be found under the Affiliate Organizations tab at www.sdmunicipalleague.org or by calling the League office at 800-658-3633.

• In cooperation with the South Dakota Municipal League, to take an active part in legislation that may affect public airports in the State of South Dakota. • ANNUAL DUES of the association are $25 per city; Associate membership is $50/person.

SD Municipal Attorneys’ Association •

Affiliate membership options include:

SD Airport Management Association •

•

The purpose of this association shall be to foster the planning, development, use and operation of public airports in the State of South Dakota; To assist its membership in resolving problems though mutual experiences in airport operations; and

•

The purpose of this association is to establish a forum by which municipalities may promote matters of mutual interest and provide a closer working relationship in municipal government and administration by the following means: Holding meetings for the discussion of legal and other questions affecting municipal governments; -The furnishing of information to municipal law officers and departments in order to enable them to better to perform their functions; and -Studying legislation, court decisions and administrative rulings relating to the public interest of municipalities. ANNUAL DUES of the association are $35 for each city represented that is over 5,000 population and $20 for each city that is under 5,000 population.

SD Building Officials’ Association •

•

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The purpose of the association shall be the consideration of principles and practices underlying the laws and ordinances relative to the construction, maintenance and occupancy of buildings, use of land, and methods of uniform administration; and To develop requirements and regulations pertaining to training of building officials and administration officers. ANNUAL DUES of the association are as follows: - Governmental Membership (GM) is $50.00; each additional Governmental Individual (GI) membership is $5.00. • Governmental Members shall be a designated individual, usually the building official, of a government agency (state, county or municipal), which is responsible for the enforcement or administration of laws and ordinances relating to building construction. • Governmental Individual Members shall be additional employees of governmental agencies which are responsible for the enforcement, or administration of laws and ordinances relating to building construction. - Professional Membership (PM) is $50.00; each additional Professional Individual (PI) membership is $10.00. • Professional Member shall be a designated individual of a firm, incorporated or SOUTH DAKOTA MUNICIPALITIES

unincorporated, engaged in the practice of architecture, engineering, inspection, research, testing or related activities. • Professional Individual Member shall be additional employees of professional firms that practice architecture, engineering, inspection, research, testing or related activities. Annual Associate Membership (AM) is $25.00. • Associate Member shall be a representative of firms or corporations of commercial and industrial concerns engaged in the sale, manufacture or processing of materials and assemblies.

•

SD City Management Association • •

•

The purpose of this association shall be to increase the proficiency of Managers and Administrators of local governments; To strengthen the quality of local government through professional management; To encourage and support the precepts of the Council/Manager plan; To maintain the high ethical standards of the profession of City Management; and

To provide opportunities to enhance the professional development of its members. ANNUAL DUES of the association are as follows: - Full membership is $150 per person. • Full Members: Any person who is a City Manager or Administrator, or an assistant to City Manager or Administrator of a South Dakota City shall be eligible for full membership in the Association. - Associate membership is $75 per person. • Associate Members: Persons holding responsible administrative positions in South Dakota cities and other persons who are interested in the objectives of the Association shall be eligible for associate membership. - Student membership is $15 per person. • Student Members: Any person currently enrolled full or part-time in a graduate or undergraduate program with an interest in local government.

SD Association of Code Enforcement •

The purpose of this association is to operate, without profit to the Association, or its members, as a state

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• •

•

association to advance, educate and improve efforts of state, county, city and other political subdivision employees who are actively involved with and responsible for the enforcement of housing, municipal, county, state or federal codes without regard to race, creed, color, national origin, or sex; To encourage professionalism with regard to the standardization of enforcement of environmental and housing codes; and To supply and advance the science and practice of code enforcement through certification and to provide training workshops, seminars and conferences facilitating and advancing the administration of the various codes with which the Association is concerned. ANNUAL DUES of the association are $40 per city.

SD Municipal Electric Association

The South Dakota Municipal Electric Association, formed in 1950, serves member municipalities that provide electricity to approximately 100,000 South Dakotans.

The Annual Meeting is held each October during the Municipal League Annual Conference.

The Electric Superintendent-Foreman Conference is held each March in Watertown.

SD Governmental Finance Officers’ Association •

•

• •

The purpose of this association is to establish a forum by which cities and towns may promote matters of mutual interest and provide a closer working relationship that there may be improvement in municipal government and administration; To promote the improvement of methods of governmental finance in South Dakota including the development of mutually understandable procedures of accounting, budgeting, and financial reporting; and the encouragement of the use of common terminology, classification, and principles in regard to those subjects; and To take an active part in legislation that may affect municipalities of the state through the South Dakota Municipal League. ANNUAL DUES of the association are $40 for the first person and $30 for each additional person of the same city.

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SOUTH DAKOTA MUNICIPALITIES

SD Governmental Human Resource Association •

•

The purpose of this association is to advance the profession of human resource management in governmental entities by promoting matters of mutual interest and providing a closer working relationship so that there may be improvement in government and administration; and To promote the improvement of all aspects dealing with Human Resources in South Dakota through information sharing and consolidated training with a special emphasis on assisting smaller communities and to take an active part in legislation that may affect the governmental entities of the state through the South Dakota Municipal League. ANNUAL DUES of the association are $25 per person.

SD Police Chiefs’ Association •

•

• •

The purpose of this association shall be of an educational, scientific, benevolent, fraternal and charitable nature and to develop a closer official and personal relationship between the various law enforcement officials of the State of South Dakota. To maintain a steadfast resolution to guard the rights, liberties, and welfare of all citizens; To foster any project which will help bring law enforcement officials recognition as professionals, to increase the efficiency of the member, of aiding in the improvement of the laws of the State of South Dakota and demanding the enforcement of the same; and To encourage the members to attain a high degree of skill and efficiency in law enforcement work, thereby advancing the standards of all enforcement officers. ANNUAL DUES of the association, for Chiefs and Assistant Chiefs, are determined by a formula that takes into account population in addition to a base of $95. Please call the League office for the actual dues amount for your city. Command Staff and Associate membership is $25 per person.

SD Municipal Street Maintenance Association •

•

The purpose of this association is to provide education and instruction for municipal street maintenance workers and to assist in meeting their goals through encouragement and friendly exchange of knowledge and experience among its members. ANNUAL DUES of the association are $35 per city.

For more information visit the Affiliate Organizations tab at www.sdmunicipalleague.org.

DECEMBER 2020

Municipal Election Resources on SDML Website

The following Municipal Election Resources can be found by going to the SDML website at http://www.sdmunicipalleague.org/ and then clicking on the Library tab, then Elections.

1. Election Resources – This is a link to the Secretary of State’s website that contains resources such as the current Election Code, Election Worker Training Powerpoint, Election Day Precinct Manual and more.

2. Municipal Election Resources- This is a quick link to the Secretary of State’s website that contains many resources including the Election Calendar, Initiative and Referendum information, Petitions and more.

3. Election School Powerpoint Presentations- This link is to the most recent powerpoint presentations from each year’s Election School.

4. 2021 Municipal Election Calendar- The calendar will help keep you on track regarding all deadlines for publication of election notices as well as timelines for circulation and receipt of petitions, availability of absentee ballots and other election related timelines.

5. How to Circulate a Nominating Petition- This document, created by the Secretary of State’s Office, provides specific guidelines on timeframes, circulator requirements, signer requirements and filing requirements. 6. Candidate Nominating Petition Requirements Checklist- This document, created by the Secretary of State’s Office, provides a checklist for the Finance Officer

to reference, when validating a nomination petition, to ensure all sections are completed correctly.

7. What Happens If No One Files a Petition? – This document provides information regarding statute for the process for appointment of elected officials in the event of a vacancy. 8. Municipal Elections Handbook- Updated annually, this document provides information, in laymen’s terms, about the State Statutes and Administrative Rules related to conducting an election. It has a frequently asked questions section that is particularly helpful in addressing common issues that arise in municipal elections as well as a collection of all necessary Election Notices and Forms.

9. Municipal Initiative and Referendum- This document, created by the Secretary of State’s Office, provides a step-by-step guideline for those wanting to file an Initiative or Referendum Petition with their governing body.

10. Municipal Recall Election Guidelines- This document, created by the Secretary of State’s Office, provides information regarding publication of notices, petition circulation and filing timeframes, and ballot information for a Recall Election.

11. Election Worker Training Powerpoint- This is a quick link to the PowerPoint created by the Secretary of State’s Office to use for training Precinct Workers on Election Day responsibilities.

SOUTH DAKOTA MUNICIPALITIES

12. Election Day Precinct Manual - This is a quick link to the Secretary of State’s document that goes through all information needed on Election Day.

13. Election Code Book- This is a quick link to the Secretary of State’s Election Code Book that spells out all South Dakota Codified Law and Administrative Rules of South Dakota that govern Elections in the state. This document is updated anytime there is a change.

14. Poll Watcher Guidelines- This document, created by the Secretary of State’s Office, provides information for those wanting to be poll watchers on Election Day.

15. Polling Place Voter Key- This document, created by the Secretary of State’s Office, provides a flow chart for Election Workers and others to use as they determine voter eligibility.

16. Voter Registration Forms- This is a quick link to the Secretary of State’s Office website that provides information to the user on how and where to register to vote in South Dakota as well as a Registration Form to download. The site also provides information to public Agencies who assist people with voter registration.

17. Guidelines for Absentee Voting Process- This document, created by the Secretary of State’s Office, provides information on the process that a municipality must follow to implement the Absentee voting process.

18. Absentee Ballot Log (Sample)- This document provides a template to use for an Absentee Ballot Log.

19. Elections Supplies List (Sample) - This document provides a good list to start from for creating your own Election Day supplies list.

20. Election Day Checklist for Municipal Election Board (Sample) – This document provides a good list to start from for creating your own Election Day Checklist for setting up the actual voting site, organizing election workers, and processing ballots.

21. Oath of Office- This is a sample oath to use for elected or appointed municipal officials.

22. Recount Manual- This is a quick link to the document, created by the Secretary of State’s Office, to provide information regarding procedures to follow in the event that a recount is either requested via petition or required by law. DECEMBER 2020

2021 MUNICIPAL ELECTION CALENDAR The dates to the right are the only date options for annual municipal elections. There are no other date options. The school may request to combine with you on any of these dates. Both jurisdictions have to agree to combine.

APRIL 13 Second Tuesday in April (a school may combine with you on this date)

JUNE 8 First Tuesday after the first Monday in June (may combine with School)

JUNE 15 Must combine with the school on the third Tuesday in June

Deadline for the governing board to establish the election date if they choose a different date than the 2nd Tuesday in April. (9-13-1 & 9-13-1.1 & 9-13-1.2 & 13-7-10)

No later than January 14

Publish notice of vacancies and time and place for filing petitions each week for two consecutive weeks. (9-13-6, 9-13-40 & 05:02:04:06 & 13-7-5)

Between the dates of January 15th & 30th

Between the dates of Feb. 15th & March 1st

Between the dates of March 15th & 30th

Earliest date to begin petition circulation and earliest date to file nominating petition. (9-13-9, 9-13-40, 9-13-37, 13-7-6; ARSD 05:02:08:13 and 05:02:08:11)

January 29th

March 1st

April 6th

Deadline for filing nominating petition. If this is a Friday, please plan accordingly to be available to accept petitions. Registered mail is acceptable if postmarked by the deadline date and time. (9-13-7, 9-13-40, 9-13-37, 13-7-6)

(FRIDAY) Feb. 26th 5:00 pm

March 30th 5:00 pm

(FRIDAY) May 7th 5:00 pm

Deadline for submission of written request to withdraw candidate's name from nomination. If you will not have an election, you DO NOT have to publish anything further or notify our office. (9-13-7.1, 13-7-7 & 05:02:07:05) Remember to issue certificates of election. See page 2 for more info.

Feb. 26th 5:00 pm

March 30th 5:00 pm

May 7th 5:00 pm

Deadline for Candidates, in first class municipalities only, to file the Candidate Financial Interest Statement with the person in charge of the election. (12-25-30) A sample form can be found at sdsos.gov.

Within 15 days of filing nominating petition

Have you ordered your election kit? McLeodâ€™s Printing in Mitchell (605-996-5151) is the only company in SD that sells election kits. Check to see if you need to order absentee ballot combined envelopes. Absentee materials may not be included in the election kit. (05:02:10:01.03)

Order so you receive before absentee voting begins

Once you know you have an election, you must draw for candidate order on the ballot. Each candidate or candidate representative may be present. (9-13-21)

Draw after petition filing deadline

Have your governing board appoint your Election Board. (9-13-16.1 & 05:02:05:11.01). You may use high school seniors (must be 18 years old). (13-27-6.1) Compensation for the election board. (9-13-16.1) The county auditor may have election worker names.

Anytime

First publication of voter registration notice. Must be published for two consecutive weeks. (12-4-5.2 & 05:02:04:04)

Between the dates of March 8th & 12th

Between the dates of May 3rd & May 7th

Between the dates of May 10th & 14th

Second publication of voter registration notice. The last publication to be not less than ten nor more than fifteen days before the deadline for registration. (12-4-5.2 & 05:02:04:04)

Between the dates of March 15th & 19th

Between the dates of May 10th & 14th

Between the dates of May 17th & 21st

Deadline for voter registration. (12-4-5) For the June 15 election, May 31st is Memorial Day so the deadline to register had to be extended a day.

March 29th by 5:00 pm

May 24th by 5:00 pm

(NOTE: confirm that all notices have been received and published by the paper: ask for a confirmation email)

South Dakota Secretary of State

June 1st by 5:00 pm

last updated October 9, 2020

SOUTH DAKOTA MUNICIPALITIES

Absentee ballots must be made available no later than 15 days prior to the election (9-13-21). Sample ballots must be printed on yellow paper and we encourage you to put the word SAMPLE on the sample ballot. The paper ballot form can be found at 05:02:06:12. For the June 15 election, May 31 is Memorial Day so absentee ballots have to be made available earlier.

March 29th

May 24th

May 28th

Publish notice of election that needs to be published each week for two consecutive weeks. First publication must be at least 10 days before the election. (9-13-13 & 05:02:04:08) (Note: May 31st is Memorial Day)

Weeks of March 29th & April 5th

Weeks of May 24th & May 31st

Weeks of May 31st & June 7th

Publish facsimile ballot in the calendar week before the election. The calendar week falls from the Monday to the Saturday of the week prior to the Tuesday of Election Day. (9-13-13 & 12-16-16.2 talks about the size for publication)

Week of April 5th

Week of May 31st

Week of June 7th

If using optical scan ballots: Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment. Notice of the test, must be published at least 48 hours prior to the test. (12-17B-5 & 05:02:09:01.01)

Conduct test anytime between April 3rd - 12th

Conduct test anytime between May 29th–June 7th

Conduct test anytime between June 5th – 14th

April 12th by 5:00 pm

June 7th by 5:00 pm

June 14th by 5:00 pm

APRIL 13

JUNE 8

JUNE 15

until 3:00 pm

APRIL 13

JUNE 8

JUNE 15

April 20th

June 15th

June 22nd

Issue certificates of election. (9-13-5 & 9-13-28; 05:02:15:08 & 05:02:15:09)

Within 2 days after canvass

In a first class municipality, an official must file an Elected Official Financial Interest Statement (3-1A-4). The financial interest statement is filed with the person in charge of the election and a sample form can be found at sdsos.gov.

Within 15 days of taking oath of office

Deadline for a voter to absentee vote in-person. A voter, who is confined due to sickness or disability, may request an absentee ballot via authorized messenger until 3:00 pm the day of the election. The ballot must be returned to you in time for your or your staff to get it to the proper polling location by 7:00 pm (local time).

ELECTION DAY. Polls open 7:00 am to 7:00 pm. (9-13-1, 13-7-10) The person in charge of the election MUST BE AVAILABLE from 7:00 am until the ballots have been counted and all election materials and supplies have been returned to person in charge of the election. Deadline for official canvass. (9-13-24)

Oaths of Office: There is nothing in Administrative Rule that outlines the form/wording of an oath of office. Please work with your (city or school, depending on which calendar) attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Reference SDCL 9-14-5 for qualifying for office. Note: If the municipal election is combined with a school election on a date other than the 2nd Tuesday in April, all dates follow SDCL 13-7 (except when combined with the county for a primary election). When combining, make sure to have a written agreement with the other jurisdiction determining who is responsible and who is paying for each election process. Ballot color for combined elections: If combining, one ballot must be white, and the other jurisdiction will use a contrasting color (do not use yellow as that is the color for sample ballots). ARSD 05:02:06:18 Notify County Auditor: Contact your county auditor when you know you will have an election and ask if he/she can be available from 7:00 am to 7:00 pm on that date to answer questions regarding voter registration. (SDCL 7-7-2) Missed Election Notices: We do encourage any jurisdiction that misses a publication to try to get it published and post the notice around their jurisdiction. The notice would still be considered late and the election could still be challenged. Make sure to contact your city attorney if you miss a notice. Petitions: To check the registration status of the candidate and petition signers (NEW: Finance Officers are required by law to do this for candidate petitions), per ARSD 05:02:08:00, go to: http://cityandschoollookup.sdsos.gov/Login.aspx. If you forgot your username and password, or never had one, contact the Secretary of State’s Election Team and we will provide one to you. Elections@state.sd.us Contact a member of the Secretary of State’s Election Team with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov . Click on Elections and Voting then the City/School Resources button. First Class Municipalities: Aberdeen, Belle Fourche, Box Elder, Brandon, Brookings, Harrisburg, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown and Yankton. Home Rule Municipalities: Aberdeen, Beresford, Brookings, Elk Point, Faith, Ft. Pierre, Pierre, Sioux Falls, Springfield and Watertown. South Dakota Secretary of State

DECEMBER 2020

last updated October 9, 2020

First COVID-19; Now Marijuana: Time to Dive Into the Pool if You Haven’t Already

By: Dave Pfeifle, SDPAA Executive Director

This has been an unprecedented year for local governments in South Dakota. In March, the COVID-19 pandemic arrived in South Dakota and we are still dealing with its effects. In November, South Dakota voters approved two ballot measures authorizing recreational and medical use of marijuana (collectively “these measures”). Many of the implementation issues for these measures will soon be addressed at the state level by the South Dakota Legislature, the South Dakota Department of Health, and the South Dakota Department of Revenue. As of this writing, the nature and extent of the impact on local governments stemming from these measures and State Government’s response to them is unknown. Certain areas will also need to be addressed by local governments. Section 10 of the State Constitutional Amendment on recreational marijuana states: § 10. A local government may enact ordinances or regulations governing the time, place, manner, and number of licensees operating within its jurisdiction. A local government may ban the establishment of licensees or any category of licensee within its jurisdiction. A local government may allow for cultivation at private residences within its jurisdiction that would otherwise not be allowed under §4(2)(c) so long as the cultivation complies with and §4(2)(b) and the other requirements of this article. A local government may not prohibit the transportation of marijuana through its jurisdiction on public roads by any person licensed to do so by the department or as otherwise allowed by this article.

Local governments will have many questions to consider and to resolve, including but not limited to: 1. Should a local government adopt a zero-tolerance or a no-impairment based drug policy for its employees? What will be considered “under the influence” for the various amounts of marijuana that could linger in a local government employee’s system? Can the standards be more stringent for governmental employees in safetysensitive positions such as law enforcement officers, fire fighters, or perhaps regular operators 16

2. 3.

of governmental vehicles or other heavy machinery? How will these measures affect any prohibitions on prior drug crimes of certain applicants such as law enforcement officers? What changes may be necessary to local zoning laws for allowing/disallowing establishments growing and/or selling marijuana in the community?

Only a public entity pool has the expertise and established resources to assist its fellow members on these unique public sector issues in a timely and proactive manner. If your public entity is not a Member of the South Dakota Public Assurance Alliance (SDPAA), then now is a great time to become one. The SDPAA has established unique tools to assist your public entity through all phases of the implementation of these measures. The SDPAA’s Employment Practices Hotline and Government Practices Hotline can offer an

SOUTH DAKOTA MUNICIPALITIES

hour of free legal advice from an expert attorney on almost any subject including employment policies and zoning issues. The only issue the hotlines cannot address involves any criminal prosecution of the existing marijuana laws.

Through the SDPAA’s loss control vendor Safety Benefits, Inc. (SBI), SDPAA Members receive guidance from an SBI team with centuries of collective experience in advising local governments on emerging issues in the public sector. In the coming months, the SDPAA and its vendors will proactively monitor any new developments in the implementation of these measures and will furnish our fellow Members with recommendations and/or model policies to properly respond. If this sounds reminiscent of the SDPAA’s efforts during the pandemic, then that is our intention.

As a public entity pool, the SDPAA is uniquely qualified to assist you through any change in the local public sector landscape. The SDPAA was established by, for, and consists of only its 434 local government Members in South Dakota. The SDPAA’s Board of Directors is comprised of eleven members: nine are elected from among the SDPAA’s local government Members, and two are held permanently by the Executive Directors of the SDML and the SDACC. The Board governs SDPAA operations from its collective wisdom gleaned from almost four centuries of local government experience in SD serving as current or former County Commissioners, Mayors, City Councilors, County Auditors, City Administrators, City Finance Officers, and other local government officials. The SDPAA’s six-member internal team consists of public employees with extensive experience as former local officials: Mayor—13 years, City Councilor—3 years, Fire Chief—23 years, State’s Attorney—3 years, County Public Defender—4 years, and City Attorney—11 years. Our internal team’s industry experience includes one member who served as an adjuster for claims against local governments in SD for 21 years, two members who served as underwriters for insurers of local governments for a combined twenty-five years, and one member who defended claims asserted against dozens of local governments in SD for 16 years. Our team can sympathize and empathize with any issues facing your local government as we have likely been in your shoes. If your public entity is not a Member of the SDPAA please contact the SDPAA at 800-658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org. to inquire about all the services available to SDPAA Members. DECEMBER 2020

2021 NLC Leadership in Community Resilience Grant Program

The National League of Cities 2021 Leadership in Community Resilience program is now accepting proprosals from cities seeking additional funding for resilience-related projects.

Each awarded city will receive $10,000 and customized support/training from NLC and the Resilient Cities Network (formerly 100RC). We have many other incredible program partners including Climate Access, IDIEM, Thriving Earth Exchange, ASAP (grantees receive free membership), ecoAmerica, NASA, NOAA and more. The deadline for applications is December 23, 2020. Additional details and application may be found at https://www.nlc.org/initiative/leadership-in-communityresilience-program-application/.

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Cloud Helps Cities Fend Off Cyber Threats and Reduce Liability

Matt Wood, Network Infrastructure Consultant, Sophicity

Last year, Akron, Ohio experienced a cyberattack that took out many of its servers, computers, and technology systems for about two weeks. This cyberattack affected critical systems such as Akron’s online 311 system. According to GovTech, “The city's response included a direct appeal from Mayor Dan Horrigan to Ohio Gov. Mike DeWine for National Guard assistance. The FBI joined the Guard's cyber team and the city in an investigation that will take weeks or months.”

The GovTech article points out that, in the wake of the cyberattack, Akron considered switching to the cloud to mitigate future risk. For many years, we’ve written blog posts about why towns and cities should consider the cloud, and we’ve helped municipalities transition from onpremise hardware to the cloud. While a few rare situations may not apply, the cloud is generally a great option to help

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fend off cyberattacks and reduce liability in case a cyberattack occurs. So how does cloud technology help with your cybersecurity and liability? Here are five ways.

1. Resiliency against cyberattacks If your servers get attacked, they often stand and fall based on your limited IT staff or single-person vendors who take care of them. We see many instances where towns and cities just don’t have the appropriate resources, budget, or expertise to keep up with security patching, proactively monitor for security risks, and provide an appropriate and immediate response after an incident occurs. As a result, servers, computers, software, and systems often have gaping security holes that make them a ticking time bomb ripe for a security incident.

When you instead store and access your information in the cloud, which only requires a computer and internet access, then you eliminate the need to maintain and secure hardware onsite. Cloud providers host your applications in massive data centers where they are always staying ahead

DECEMBER 2020

of security threats. While you will still need to take some security precautions on your own, cloud applications often cover certain basic security fundamentals that decrease the chance of a cyberattack occurring.

2. Lessened risk of permanent data loss Data backup and disaster recovery is ideal for the cloud, especially with offsite data backup to help with disaster recovery. In the cloud, snapshots get taken of your information, systems, data, and files at various points (such as once a day). Let’s say you experience a severe ransomware attack. You would have the option to return to a point before the ransomware attack (such as one or two days before). You may lose some data, but not as much if you had your own servers onsite and they were unusable.

With cloud data backup and disaster recovery, you would still need to test these backups to make sure that you can restore critical systems and information. But once you restore that information, you can be up and running in hours or days after a cyberattack—rather than weeks as in Akron’s case. Cloud data backup also works great for natural disasters such as hurricanes, tornados, or fires.

3. Access to information anywhere/anytime after an incident It’s important to note that you also have access to your information anywhere/anytime all the time with the cloud. However, this feature of the cloud is especially important after a security incident. Let’s say some computers get infected with a virus or ransomware attack. After the systems are restored to a healthy state, you simply replace the infected computers with new ones and connect to your applications as if nothing happened. You can even access your systems from home, while traveling, or (in case of a natural disaster) from an offsite location in case city hall is destroyed.

4. Scalable technology at lower cost Cloud applications also scale up and down based on your needs. This reduces your upfront investment and ongoing costs, while also eliminating the costs of maintaining hardware. A great thing about cloud technology is that large cloud providers are able to offer incredibly advanced data center technology and application services to many, many organizations. Similar to a municipal league’s insurance risk pool, the volume of customers all receiving

the same services allows cloud providers to keep costs low.

Part of those low costs come from giving you exactly what you need. Instead of buying software licenses that might be overkill for your municipality, you can granularly select a certain number of users served per month and adjust that number every month as needed.

How does this impact security and liability? You can select only the users you feel need access to certain applications, restrict their access to certain information, and delete users easily if they are terminated or leave your municipality. By giving specific users exactly what they need to do their jobs, you lessen the risk of unauthorized individuals accessing sensitive information.

In the interviews with Akron officials, they now wisely see the benefits of the cloud. Your municipality doesn’t have to wait until a disaster occurs. Act now to assess your hardware, software, and systems and look for opportunities to mitigate the risk of a cyberattack by moving to the cloud.

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DECEMBER 2020

6 Things You Need to Know About Unlimited Data Storage

Nathan Eisner, COO, Sophicity

Unlimited data storage. This is a phrase used (and abused) by many IT vendors. When the phrase gets tossed around without much context or nuance, towns and cities might think that low-cost options exist providing infinite storage for any data. But there are complex parameters around how the concept of unlimited storage works that towns and cities need to consider when evaluating solutions.

By evaluating these solutions in the right way, towns and cities can discover some powerful options that help with data storage, data backup, and disaster recovery. Let’s look more closely at the complexities of unlimited storage.

1. Unlimited storage requires moving data to the cloud. If you own hardware, you will run into physical storage limitations—both in terms of physical space to store hardware and the amount of storage space each device can

hold. Sure, you can have “unlimited storage” by buying more hardware, but that is a costly, square-foot consuming nightmare.

The cloud allows you to expand your data storage without hitting physical limits. Cloud storage providers offer seemingly endless amounts of storage for a low cost and eliminate the need to own and maintain your own hardware.

2. Unlimited storage removes the concept of storage caps. Whether you experience physical storage caps (such as storage space within an onsite physical server) or arbitrary storage caps (from vendors that don’t allow you storage beyond a certain limit), an unlimited storage option removes the boundary of a storage cap. Why is this important? Many towns and cities use solutions that limit the total amount of storage space—forcing them to delete

SOUTH DAKOTA MUNICIPALITIES

data or archive data in risky ways (such as using external hard drives or tape drives).

Because of modern data storage demands that include rich media, videos, and images, towns and cities need to alleviate and remove worries about whether they will be able to store large amounts of data. Unlimited storage takes that worry away.

3. Unlimited storage still involves costs. Unlimited storage doesn’t mean free storage or ridiculously cheap storage. Depending on the solution and vendor, you might see different price points. Three of the most common include: •

•

Cost per gigabyte (GB): Many vendors will provide unlimited storage but charge you a certain cost per gigabyte. This can grow expensive quickly. Just one hour of video is an average of 2-3 GBs. Tiered storage model with a monthly fee: Some vendors may provide a tiered model for unlimited storage. As you need more storage, the higher the monthly cost. For example, you might have the option to pay a flat fee per month for a certain amount of storage such as 100 GB or 30 TB. As you need more storage, you pay more per month

DECEMBER 2020

• •

for a specific amount and you can easily go higher. Per-user cost for unlimited storage: Instead of tiers, some vendors offer unlimited storage but charge you a specific amount per user per month. Fixed fees: Other vendors may offer fixed fees for unlimited storage either as a standalone service or as part of a bundled service (such as IT in a Box). For many towns and cities, IT in a Box is an excellent fit because they get unlimited storage plus many other essential IT services for a fixed, predictable monthly cost.

4. Unlimited storage is different than unlimited backup. While related, the concepts of unlimited storage and unlimited backup are very different from each other. Unlimited storage simply focuses on the storage of municipal data such as documents, files, databases, applications, images, videos, and other data. Unlimited backup involves a separate data storage strategy for two scenarios: •

Onsite backup, usually server images that exactly replicate your servers at any given moment in case you need to quickly restore your information after an incident (such as a server failure).

•

Offsite backup, usually server system state backups (including operating system files) that take longer to restore but, when these backups are stored offsite, maximize your storage space through shrinking the offsite backup file sizes down.

With unlimited data backup, the solution ensures that all critical data is backed up and ready to restore if needed. A municipality and IT vendor can work together to identify data that needs backing up, the right methodology for backing it up, and applying best practices (such as following state record retention schedules). Data backup serves a function different than simply existing as a place to store data. 5. Unlimited storage needs to account for technical issues. Unlimited storage sounds great…unless it hinders your municipal operations and productivity. For example, some issues may include: •

Slow file synching or upload (due to a poor

• • • • •

internet connection or poor data storage vendors). Slow access to files stored in the cloud. An inability to access files anytime, anywhere. Difficulty finding where files are stored. A lack of locally stored personal files for access offline. Poor technology infrastructure (such as servers, network systems, or workstations) that ruin the benefits of unlimited storage.

Unlimited storage needs an interface that works seamlessly with your municipality's current technology environment. Without ease of use, unlimited storage will not work well at your municipality.

6. Unlimited storage needs to follow best practices. Unlimited storage should not become a dumping ground for any and all information without planning or intent. Even vendors that charge a fixed fee will usually have some parameters around the use of unlimited storage due to sheer practicality. Best practices include: •

Following state records retention schedules.

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

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•

Towns and cities don’t need to store data indefinitely and can purge records according to state law. Based on the type of information stored, towns and cities can archive and delete data on a regular records retention schedule. Rigorously applying state records retention laws to body camera video: Even though it’s the same point as the first bullet above, we’re calling this one out because body camera video is a particularly challenging problem for towns and cities. We encourage towns and cities to apply records retention schedules to body camera video instead of hoarding video indefinitely. Otherwise, even the most cost-effective IT vendors may be forced to adjust the overall fixed costs or charge extra for excessive storage costs while still providing unlimited storage to your municipality. Streamlining file versioning: Practically, towns and cities don’t need to store every single version of every single file. A few recent versions of a file are usually enough to complete a successful data restoration. Usually the last version is enough for older files not accessed for many months.

Unlimited storage sounds like a simple, one-size-fits-all solution—but it’s more complex than it appears at first glance. To evaluate the right unlimited storage solution, it helps to assess your municipality's needs, budget, and restrictions. If you feel that your storage situation is not ideal, then it may be time to consider new options.

DECEMBER 2020

Driving a Positive Workplace Culture: Why a Humanistic Approach Matters

By: Sarah Meusburger, SPHR, SHRM-SCP, Human Resources Director, Banner Associates, Inc., Brookings, SD

According to a Gallup poll, seventy percent of people in the United States hate their jobs. Seventy percent. That’s a significant portion of today’s workforce. Certainly, seventy percent of jobs are not inherently bad jobs, so what factors contribute to this alarming statistic?

Research has shown that a person’s unhappiness at work relates less to their actual position or work functions and more so to the human elements associated with the workplace. This includes not only leadership and the people they work with, but how they feel about working with the organization. By focusing on two very important human elements, organizations have the ability to strengthen staff

engagement, increase overall productivity and achieve greater organizational success. 1. Prioritize Workplace Culture

Workplace culture is multi-faceted. Set time aside to think carefully about what makes up the culture within your organization. Is it a positive culture? Are there things to improve upon? Chances are, there’s always an opportunity to make a positive change. One of the primary aspects of workplace culture is the connections that occur among staff. Try evaluating your organization from a “Connections” lens by asking these types of questions:

• •

Do staff members really know one another? Does the workplace provide opportunities for staff in various departments to connect and collaborate?

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• •

•

Do those within supervisory or leadership roles take the time to genuinely engage with their staff and have ongoing dialogue? Do they understand what motivates each of their staff members? Do they provide an opportunity for them to communicate their own professional goals or ideas? Do they know the names of their family members? What about the staff member’s interests or hobbies outside of work?

While some skeptics may view this effort as “fluff,” research has proven that human connections are an essential part of engaging your staff and establishing a positive work culture. Everyone wants to have a purpose at work and feel as though their role is an important part of the organization. A positive work culture leads to staff performing better, collaborating more effectively and are more likely to go out of their way to streamline processes, solve problems and think creatively about ways to benefit the organization.

Establishing connections with those you work with means having a genuine interest in them. Demonstrate to your staff that you care about them as individuals, not only about work that they are responsible for. When you do these things, connections will form.

bigger house, drive the nicer car, get the better position, etc. While you can’t change societal pressures, the dynamics of your work relationships have the ability to solidify loyalty among your staff and skyrocket their level of engagement. A humanistic approach involves a culture of trust, compassion and empathy. It calls for approachability, open communication and providing opportunities for staff to contribute to organizational goals and objectives.

Chances are everyone has worked for an organization that misses the mark on these important aspects. After all, an organization’s primary goals are likely focused on performance metrics, market share and profitability. However, your staff is what makes success possible. A positive workplace culture and a humanistic approach cannot be provided artificially. Organizational leaders must be genuine in their efforts to provide a great place to work. When staff feel valued, they want to come to work. They want to tell other people about how great their organization is. Ultimately, this is what can make an organization more successful. ■

These connections are critical to the success of your organization as it relates to retaining your staff, fostering transparency and open communication, garnering input from others, igniting new ideas and gaining a renewed commitment from your staff to work toward organizational goals. 2. A Humanistic Approach

A humanistic approach in the workplace means that the needs and values of staff are important and serve as a primary factor in organizational changes and decisions. It’s the recognition that your staff are much more than “workers.”

The importance of a humanistic approach can be rooted back to Abraham Maslow’s “hierarchy of needs.” According to Maslow, the goal of any person is to reach a state of “self-actualization” in which all of their needs are being met and a state of contented happiness is achieved.

What makes someone feel content and happy at work?

This poses a real challenge in a society that promotes the never-ending desire for more; earn more money, buy the DECEMBER 2020

About the Author: Sarah Meusburger serves both as the Human Resources Director for Banner Associates, Inc. as well as the Human Resources Project Consultant for Alternative HRD, LLC. Both of these firms work with and support municipalities throughout South Dakota. If you have questions or would like to request any support, please feel free to reach out. Sarah may be reached at (605) 692-6342 or via email at sarahm@bannerassociates.com.

By Chris Hill, Director of Municipal Electric Services

SDMEA Updates

I hope everyone had a great Thanksgiving and you were able to spend some time with your families. With the uprising cases of Covid-19 travel has once again been limited to help slow the spread. As disheartening as it is that we are not able to meet face to face, there are still some things happening within the SDMEA that I would like to share with all of you.

Each year there are ten states within the region that participate in an annual meeting where important and emerging issues dealing with legislation, regulations, safety, training, communications and the organization as a whole, are discussed. This meeting which is usually held in person at one of the 10 Midwest Municipal Utilities offices was held via Zoom this year. The regional Municipal Utilities meeting is the most informative meeting that I attend each year as it helps to build relationships with other states and allows me to see what they are doing within their organization. Several topics stood out to me during the Midwest Municipal Utility meeting, however, the major topic that I wanted to inquire about was how other associations are working with associate memberships. Many of them are relying on associate memberships to help with safety and training sessions, scholarships, and marketing events. Associate memberships are something that the SDMEA is learning about and is hoping to offer very soon. If you are interested in being an associate member and benefiting by interacting with our municipal electric personnel, please continue to check for updates and watch your email for the opportunity!

There are also some changes that are being made to the SDMEA Committees. When I began my position with the SDMEA, the Legislative Committee was made up of a few people from our member municipalities, that have since retired and the committee needed a revamp. Rather than appointing representatives to replace those committee members, the SDMEA has partnered with Heartland Consumers Power District and Missouri River Energy Services along with members from our communities to form the new SDMEA Legislative and Communications Committee. This committee will be responsible for 28

monitoring and tracking all legislative activities and developing lobbying strategies and communication plans. The Legislative and Communications committee will also be responsible for developing communications, events, and marketing plans to aid the promotion of the SDMEA and its members. If you or someone from your municipal electric community is interested in being part of this committee, please email chris@sdmunicipalleague.org or give me a call at 605-770-6299 and we can discuss our options.

The SDMEA Safety Committee was also in need of a makeover as the retirement of Bill Lewellen and the appointment of Doug Enstad and Monty Munkvold to the SDMEA board left the committee with only 3 members. While we were looking at possible restructuring of our committee, the SDMEA board decided that the scope of the Safety Committee should also be addressed. Along with that the responsibilities of the Safety Committee, it was also decided that the new name of the Safety Committee would be the SDMEA Operations and Conference Committee. This committee is responsible for the planning, organizing, and hosting the annual Superintendent/Foreman Conference. They are also responsible for informing the SDMEA board and members of safety and operational topics or changes in safety regulations that might affect the member communities. As I mentioned before, there are only three members to this committee, and we would like to see at least five members to this committee. Ideally, this committee member would be on the operational side of your organization such as a lineman, foreman, or superintendent. If your community does not have a person with that title, then anyone who works for your organization that might be responding to electrical calls would be great.

There are many other items that are being discussed at our meetings and we are always looking for input from our members. The 35 South Dakota Municipal Electric communities can work together and help each other out by sharing information and ideas. I also know that sometimes the dreaded email from me is not always your favorite part of your day, but if you have any questions or need help with any of the surveys or questionnaires that are sent out please do not hesitate to call or email me. We will work to continue to make our HOMETOWNâ€™s great. SOUTH DAKOTA MUNICIPALITIES

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A Glance Through the SDML Website

If you haven’t gotten the chance to check out the SDML’s website, please allow us the chance to introduce you to some of the features of the website. We recommend logging onto the website at www.sdmunicipalleague.org and clicking through each section as you read the descriptions below.

At the top of the webpage you will find the Notification Banner where we will post important, time sensitive information. For example, if an event is cancelled due to unforeseen circumstances, the Notification Banner will be utilized to relay the information to you, as members.

Listings on the upper section of the Home page contain our most frequently used links.

● About – Provides information regarding the SDML’s history, purpose, staff, Board of Directors, Policy Statement and a list of Hall of Fame inductees. You’ll also find a list of the cities by Municipal District, a District map and information about each District Chair and Vice Chair. ● Services – Look here to find links to services offered by both the SDML and our partners such as the Risk Sharing Pools (SDPAA, SDML Worker’s Compensation and SD Health Pool), and other trusted vendors that provide services from website development to ordinance codification. ● Affiliate Organizations – Refer to this section to identify each Affiliate’s Board members, business meeting documents, archived training presentations, affiliate specific resources and national organizations and listings of any scholarships or nomination forms available. ● Events – You’ll find a complete list of all SDML Events to be held within the next year. Each event listing contains the location, information about any accommodations reserved, and the registration, agenda and business meeting documents as they become available. The Other Events section features events of interest hosted by other organizations in the state. *Access individual events by either clicking on the calendar listing by month, or by clicking on each event listed under the “See All Items” link. ● Library – Take a few extra minutes to peruse this

section! There is a wealth of information here with links to many resources frequently used by municipal staff and elected officials.

The Middle Ribbon can be moved from side to side to access links to a number of sites that contain resources used by both SDML members as well as non-members who want to learn more about how to partner with us. Here’s a description of the most frequently used sites.

● Personnel Policy – Are you revamping or creating a new personnel policy manual? This link directs you to the login to access the Sample Personnel Policies site. The online access to the policies is free for members of the SDPAA, but can be purchased if not a member. ● Salary Survey – Use this link to access the SDML Salary Survey which provides information regarding both elected officials and city employees in SD cities. Access to the survey is free for members of the SDML. ● Municipal Calendar – This calendar is a good guide to follow regarding deadlines for elections, financial reports and other statutory requirements for annual tasks completed by a city. ● Grant Opportunities – This site contains a comprehensive list of grants available to cities through State, Federal and Private organizations. ● Helpful Links – This is a comprehensive list of links to websites for Federal, State and local agencies that cities frequently work with.

The bottom four boxes provide a quick way to catch up on SDML information. Find COVID-19 resources, access upcoming event details, and Classifieds featuring both employment opportunities and items for sale. This is also the best way to access both current and past issues of our monthly South Dakota Municipalities Magazine online (even before you get it in the mail!).

Hopefully this run-down of the features of the SDML website has been helpful to you. I recommend saving the website to your “favorites” bar and accessing it often! Please let us know if you have any recommendations for continued improvement of the website. As always give us a call if you need any assistance in problem solving or resource finding for municipal matters! SOUTH DAKOTA MUNICIPALITIES

OPINION: Why I’ll Wear a Mask to Session, Even If I’m The Only One

By Will Mortenson, South Dakota Representative-elect

South Dakota’s legislative session is less than two months away. Like most years, hundreds of folks will come to the Capitol to consider laws, advocate for legislation, or just watch our sausage-making machine at work. Unlike other years, a few will bring COVID-19 with them.

As a newly-elected state representative, I’ll be wearing a mask to the Capitol when I report for duty. I may be a distinct minority in that decision. I will likely subject myself to furrowed brows or an occasional scoff, but I don’t mind. I’m happy to share my rationale in the open and to explain why I’ll wear a mask to session, even if I’m the only one.

First, the voters of District 24 elected me to do a job. Folks in central South Dakota sent me to the Capitol to represent them during a 10-week session. If I contract COVID-19, I won’t be allowed within spitting distance of the Capitol for two weeks while the virus runs its course. I was hired to do a job. I owe it to my bosses (the voters) to make every effort to ensure I’m there, every day, to do the job.

Second, my wife and I are expecting a baby girl in the next couple weeks. God willing, the little gal will be healthy and about six weeks old when session starts. If I want any

DECEMBER 2020

chance of Shuree allowing me near the child at that tender age, I need to assure her that I’ve taken every precaution to keep us away from the virus.

Finally, I can’t know Reason 1 and Reason 2 for everyone else, and I will not presume that others’ reasons are any less valid than my own. I don’t know who is immunocompromised or has diabetes. I don’t know who is living with someone with a lung condition. All I know is: I will do my part to contain the spread in the Capitol. I’m not an epidemiologist. I cannot speak to the precise efficacy of a mask. Our health care providers and my common sense tell me that it helps. I think it does. My mask may be uncomfortable. I know that it looks goofy. Those are both my problems. They don’t hurt anyone except my nose, my ears, and my ego.

The 2021 legislative session will go forward in our Capitol. It needs to. We cannot shut out the public by holding the session remotely. We need to do the job the voters sent us to do. This year’s session will be unlike any in our history, but South Dakotans will make it work. We’re resilient and we use good common sense. Now, more than ever, we’ll need it.

This article was originally ran in the November 16, 2020 edition of the Capital Journal

Risk-Sharing

•

Preventing Sexual Harassment in the Workplace

Every employee has the right to work in an environment free from harassing behavior. An effective sexual harassment prevention policy can help prevent incidents of harassment in your workplace and make your organization a place where employees feel safe and comfortable.

Safety Benefits Inc. (SBI) frequently visits members on behalf of the South Dakota risk sharing pools to conduct loss control surveys. During these visits, we ask if the entity has a sexual harassment prevention policy. SBI recommends that members not only have a policy, but that it is reviewed with management, supervisors, and employees every year.

This review is important because an effective policy against sexual harassment has many components. Employees may not recall specifics of such a policy if details aren’t brought to their attention periodically.

•

There are many things to consider when establishing a sexual harassment prevention policy:

•

Definitions: Clear definitions of the different categories of sexual harassment are essential:

•

Purpose: Include a statement that leaves no question about the entity’s stand against sexual harassment in the workplace. Emphasize each employee’s responsibility to create a respectful, healthy work environment. A zero tolerance policy is best because identifying sexual harassment in the workplace can be difficult. It doesn’t have to be obvious behavior to be inappropriate or even illegal. While the issue may have gray areas, the policy should be black and white.

•

Discrimination: The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy and gender identity), age, marital and

parental status, disability, sexual orientation, or genetic information.

Harassment: Unwelcome conduct that is based on race, color, national origin, religion, sex, age, or any characteristic protected by law. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Sexual harassment: The Federal Equal Employment Opportunity Commission (EEOC) describes sexual harassment as unwelcome sexual advances, requests for sexual favors, other verbal or physical harassment of a sexual nature, and/or offensive remarks about a person’s sex. The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a vendor or customer. Quid pro quo (literally “this for that” in Latin) sexual harassment involves a proposed exchange of actions - if you do this, then you will get that. Quid pro quo sexual harassment occurs when a harasser is in a position of authority over the person being harassed. In this type of harassment, the harasser is usually an employee's supervisor.

Hostile work environment is sexual harassment that creates an environment with words or actions that are so severe and pervasive an abusive and intimidating work atmosphere exists. Unlike quid pro quo harassment, sexual harassment that results in a hostile work environment doesn’t necessarily involve a person in a position of authority. A hostile work environment can result from the words and actions of anyone within an organization, not just those in supervisory roles. A hostile work environment can result from a single incident depending on severity.

Third party sexual harassment is committed by someone other than another employee. The type of third party is of no consequence – it may be a customer, client, vendor, contractor, etc. The harassment might take place on the employer’s premises or at another location. The location doesn’t matter if the employee is engaged in a work related activity. SOUTH DAKOTA MUNICIPALITIES

Examples: Providing examples of what is likely to be viewed as sexual harassment in the workplace will provide clarification to the policy. Examples of quid pro quo sexual harassment, hostile work environment and third party sexual harassment should be provided.

Reporting: Policy language needs to spell out the process for reporting sexual harassment. A victim needs to know where/to whom the matter is to be reported. Remember to include more than one avenue for reporting. If an employee’s only option for reporting sexual harassment is the supervisor and that supervisor is the offender, the victim may feel he or she has nowhere to go. An effective policy will also state the responsibility of the victim to report sexual harassment in a timely and accurate manner.

Confidentiality: Victims of sexual harassment often hesitate to report it because of embarrassment or simply not wanting others to learn of the situation. It is acceptable for policy language to promise the greatest degree of confidentiality possible. However, don’t promise absolute confidentiality as information may need to be provided to law enforcement or litigating attorneys, as well as to others in management.

Investigation: Make it clear that every report of sexual harassment will be taken seriously and thoroughly investigated. Layout steps that will be taken following a report of sexual harassment. Clarify the expectations of victim, offender, and any witnesses. Describe the investigative procedure including timelines.

Resolution/Follow Through: Define how the results of an investigation will be shared. Explain what measures may be taken if the results of the investigation show the policy has been violated. It may be anything from discipline, to suspension, to termination, depending on the severity of the offense. Address actions that would be taken in response to fraudulent claims of sexual harassment as well.

understand the full intent. Regular awareness training must be provided to managers, supervisors, and employees.

Working with an attorney to review your entity’s sexual harassment prevention policy is advised. In addition, an attorney should be consulted any time an employee alleges that sexual harassment has occurred in the workplace.

Awareness and action are essential to establishing a workplace that is free from harassment. When reports of sexually harassing behavior aren’t taken seriously there are usually severe consequences. Decreased productivity, lowered morale, absenteeism, increased employee turnover, and loss of credibility in the community frequently occur. These are, of course, in addition to the potential for tremendous monetary costs for legal defense and settlements. Employees have a right to work in an environment free from harassing behavior. An effective sexual harassment prevention policy will help ensure employees understand their responsibility to create a respectful, healthy work environment. Frequent review and training on the policy will better ensure that management, supervisors, and employees are aware of the responsibilities established and remedies available within the policy. Tracie Everson Loss Control Consultant SDML Workers’ Compensation Fund South Dakota Public Assurance Alliance tracie.everson@safety-benefits.com 888-313-0839

Retaliation: The Equal Employment Opportunity Commission (EEOC) makes retaliation against an employee (or applicant for employment) for filing a charge of harassment, complaining about harassment, or participating in an investigation or lawsuit illegal. This section both advises managers and supervisors and provides assurance to any employee who alleges sexual harassment that he or she has protection in the workplace against vengeful acts. Training: Even the best sexual harassment policy means nothing if employees don’t know about it or don’t DECEMBER 2020

Washington Report: By Senator Mike Rounds

I don’t think I’ll ever forget the weekend of September 15, 2006. It’s one of those memories in life you’ll always remember, no matter how long you live.

I was working as governor at the time and that weekend we hosted the dedication ceremony for the state’s Vietnam War Memorial in Pierre. We tried to pull out all the stops to honor our heroes. We scheduled flyovers from various war planes like the B-1B Lancer bomber based at Ellsworth, the F-16 Fighting Falcon stationed at Joe Foss Field in Sioux Falls, and the Vietnam-era Huey helicopter. We threw a parade that lasted more than two hours with 187 entries, 258 motorcyclists and 40 marching bands. We created a field of white crosses with duplicated dog tags for every soldier who died, so families could take the cross and dog tags of their loved ones home. And we had a grand fireworks display over Capitol Lake. In total, more than 32,000 people came to town for all the activities that weekend. We did our best to give our Vietnam veterans the welcome home they never received.

But the thing I’ll always remember are the concerts. In preparing for this weekend, we asked the veterans how they wanted to celebrate and they came back with a unified response– through music. We brought in bands the veterans of that era requested - Creedence Clearwater Revisited, the Steve Miller Band, Big & Rich, the Beach Boys and the Red Willow Band. In front of a packed crowd, Big & Rich performed their hit song “8th of November” with on-stage guest Niles Harris, the Deadwood man who inspired the song which tells the story of a boy who left South Dakota to fight for the red, white and blue in Vietnam. Unforgettable.

Unforgettable not for the better.

He’d remain the same until 2006. That’s when, much to his protest, she managed to talk him into driving to Pierre to attend the dedication ceremony. As part of our tribute, we arranged for an appearance of the Vietnam Traveling Memorial Wall, a moving model of the permanent memorial in Washington, D.C. He looked up at the names on the wall – the names of friends he lost during the war – and that’s when it all clicked. He realized he needed to get help. He sought counseling and turned his life around.

As I was talking to his wife, I received another tap on the shoulder - this time from the Vietnam hero. “Thanks for giving me my life back,” he said. I told him it wasn’t me, but rather the 1,900 volunteers led by Vietnam-era veteran John Moisan. Clearly, I wasn’t the only one who will never forget that September weekend in 2006. Unforgettable indeed.

I have said this before, but I think it’s worth repeating: It’s not the speech-giver who protects our freedom of speech. It’s not the reporter who protects our freedom of press. It’s not the politician who protects our right to vote. And it’s not the preacher who protects our freedom of religion. All of our freedoms are defended and protected by the men and women who wear and have worn the uniform of our great nation. Veterans Day is our opportunity to honor these heroes and thank them for their sacrifice which allows us to enjoy life in the greatest country in the world: the United States of America.

Fast forward a few years to a different concert. Jean and I attended the annual Christmas Concert in Hoven at St. Anthony’s Catholic Church, or as it’s better known, The Cathedral of the Prairie. As we went to leave, I received a tap on the shoulder. I turned around to find a lady who said, “Thanks for giving me my husband back.” As you might imagine, I was pretty confused. She went on to explain that her husband had served in the Vietnam War and upon returning home was not the same. War had changed him and 34

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JANUARY Hometown Happenings

October 17, 2020 - January 3, 2021 2020 Pheasant Hunting Season Statewide

January 15 - 23 Chinook Days Spearfish

December 15, 2020 - March 31, 2021 South Dakota Snowmobile Trails Season Black Hills

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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 December 10 for the January 2021 issue. Email ads to sara@sdmunicipalleague.org or fax to 605224-8655. Visit www.sdmunicipalleague.org for more classifieds.

ASSISTANT FINANCE OFFICER: Groton, SD - The City of Groton is seeking an Assistant Finance Officer. Duties include utility billing management, routine clerical, secretarial and administrative work answering phones, receiving the public, providing customer assistance, cashiering and data processing. Works under the general supervision of the Finance Officer. A Bachelor’s Degree in Accounting with an emphasis in Government or equivalent experience is required. Must possess a valid South Dakota driver’s license. For complete job description and application visit www.city.grotonsd.gov/jobs.html.

ASSISTANT MAINTENANCE WORKER: Canistota, SD - The City of Canistota is taking applications for the position of Public Works Assistant. This position will assist in all phases of maintaining City streets, the water distribution system, and wastewater system. This individual will also assist with the maintenance of all public buildings, including City Pool and Parks. For more information, call 605-296-3551. Applications will be accepted until the position has been filled. An application form and complete job description are available at City Hall, 228 Main St., Canistota, SD or online at www.canistotasd.com. The City of Canistota is an EOE.

ELECTRICAL EMPLOYEE: McLaughlin, SD - The City of McLaughlin is accepting applications for an Electrical Apprentice and Maintenance employee. Summary of duties includes: assits electrical lineman in constructing, maintaining, and repairing power lines. Applicant would have to work to complete Utilities Apprenticeship program. Applicant would also perform other duties as assigned in the water, sewer, streets, garbage and park departments. Benefits include vacation, sick leave, personal leave and South Dakota State Retirement. For a detailed job description, contact the City of McLaughlin, PO Box 169, McLaughlin, SD 57642. Telephone: 605-823-4428, Fax: 605-823-4429 or email: mclughsd@heartlandpower.org.

WASTEWATER SUPERINTENDENT: Pierre, SD - The City of Pierre seeks a passionate individual to join our team in making Pierre one of the best communities in which to live, work and play. We are accepting qualified applications for the Wastewater Treatment Plant Superintendent position. The Superintendent is responsible for directing and leading the operation, maintenance and new expansion 40

of our wastewater treatment facilities and lift stations. The Superintendent will: assist in developing the department budget; work with our management team in overseeing a major plant expansion; lead a dynamic team of plant operators; and must possess strong administrative, oral and written communication skills. The Superintendent is responsible for the plant meeting South Dakota DENR and EPA rules and regulations and for compliance monitoring. Must possesss a valid Wastewater Treatment Class IV Certificate issued by the South Dakota DENR or obtain certification within one year. Prefer candidates have a college or vocational school degree majoring in environmental sciences, or related fields and four years’ experience including at least two years of experience in a Municipal Class III or high facility. We offer an attractive salary range from $66,593 to $84,556 DOE and a comprehensive benefit package. The capital city of Pierre is a premier destination for outdoor recreation and has been highligthed as one of the best small towns in the upper Midwest. Application and detailed job description available at www.cityofpierre.org. Open until filled.

FINANCE OFFICER: Madison, SD - The City of Madison is accepting applications for a full time Finance Officer. This position is responsible for the city’s finance operations which includes, but not limited to, analyzing claims for approval, charts of accounts, designated reserves, financial reports, balance sheets, revenue and expenidture guidelines, fixed assets, municipal elections, financial audits as well as daily financial tasks. This position oversees, but not limited to, city ordinances, resolutions, notices, airport fuel system, the city’s insurance, utility billing and supervises employees in finance and utility billing. Position requires the completion of a bachelor’s degree or equivalent experience in a finance related field. annual salary starts at $63,167 and is based on experience. The City of Madison offers an excellent benefits package. Review of applications will begin immediately and will be accepted until position is filled. For confidential consideration, please submit a complete City of Madison Employment Application and send to Human Resources, City of Madison, 116 W Center St., Madison, SD 57042. For a complete job description visit www.cityofmadisonsd.com/jobs.

SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S

6 13 20 27

7 14 21 28

December 2020 T W T 1 2 3 8 9 10 15 16 17 22 23 24 29 30 31

F 4 11 18 25

S 5 12 19 26

3 10 17

4 11 18 24 31 25

December

January 2021 T W T 5 12 19 26

6 13 20 27

7 14 21 28

F 1 8 15 22 29

S 2 9 16 23 30

December 25 – Christmas Day – State holiday (SDCL 15-1)

December 31 – Liquor licenses are valid from twelve o’clock midnight on the thirty-first day of December until twelve o’clock midnight on the thirty-first day of the following December. (SDCL 35-4-41; See Hdbk., sec. 11.465) By January 14 – If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be

DECEMBER 2020 2016

established by January 14 of the election year. (SDCL 913-1; See Hdbk., sec. 7.050)

First meeting of the year – A complete list of all the salaries for all officers and employees of the municipal corporation shall be published with the minutes of the first meeting following the beginning of the fiscal year or within 30 days thereafter. Added salaries of new employees and increased salaries of the old employees should be shown in the month in which they occur. A total of payroll by department shall be published monthly in the minutes. (SDCL 6-1-10; See Hdbk., sec. 5.095)

Newspaper designation – The official newspaper must be designated annually or for a period of time specified by the governing body, but not to be less than twelve months. (SDCL 9-12-6)

also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172)

January

January 1 – New Year’s Day – State holiday (SDCL 1-5-1)

January 1 – The municipal fiscal year begins. (SDCL 921-1; See Hdbk., sec. 12.065)

January 1 – Special assessment installments which are payable under either the Plan One or Plan Two option are due. (SDCL 9-43-103; See Hdbk., sec. 12.160)

January 1 – The effective date of any new or amended municipal tax ordinance. The municipality must notify the Department of Revenue of the ordinance at least 90 days prior to the effective date. (SDCL 10-52-9; 10-52A-13; See Hdbk., sec. 12.260)

By January 14 – If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 913-1; See Hdbk., sec. 7.050)

Between January 15 and 30 – Publication of the notices of vacancies of the municipal election to be held in April is required to be published in the official newspaper once each week for two consecutive weeks between January 15th and 30th. This notice shall identify the vacancies to be filled and the time and place for filing nominating petitions. (SDCL 9-13-6; See Hdbk., sec. 7.650) Follow the Municipal Election Calendar for all election deadlines.

Third Monday of January – Martin Luther King, Jr. Day – State holiday (SDCL 1-5-1)

Utility board – Is required to make an annual report of its operations upon thirty days notice at the end of the fiscal year. (SDCL 9-39-29; See Hdbk., sec. 12.080)

Newspaper designation – The official newspaper must be designated annually or for a period of time specified by the governing body, but not to be less than twelve months. (SDCL 9-12-6)

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) Find the Municipal Calendar for the entire year in the SDML Handbook for Municipal Officials, Directory of SD Municipal Officials, or at www.sdmunicipalleague.org.

By January 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))

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