South Dakota Municipalities - March 2019

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Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

PRESIDENT Pauline Sumption Finance Officer, Rapid City

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

TRUSTEES Fay Bueno Finance Officer, Sturgis

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 Finance Officer, Wagner Dist. 5 - Renae Phinney President, Ree Heights

Features

Contents

Street Maintenance Spring Meeting . . . . . . . . . . . . . .6

City Manager’s Spring Conference . . . . . . . . . . . . . . .7

SoDACE Spring Training Conference . . . . . . . . . . . . .8 Finance Officer of the Year Nomination Form . . . . . . .9

Scholarship Funds Available . . . . . . . . . . . . . . . . . . .10 Policies and Procedures . . . . . . . . . . . . . . . . . . . . . .12

Four Steps to Successful Resident Engagement . . . . . . . . . . . . . . .14

FLSA, Seasonal/Temporary Employees and Child Labor Laws . . . . . . . . . . . . . . .17 FLSA Child Labor Regulations Refresher . . . . . . . . .18

Employment of Lifeguards . . . . . . . . . . . . . . . . . . . .22

Small Community Planning Grant . . . . . . . . . . . . . .26

Karl Alberts Finance Officer, Aberdeen

Dist. 6 - Leland Treichel Mayor, Roscoe

Christine Erickson Councilmember, Sioux Falls

Dist. 8 - Harry Weller Mayor, Kadoka

Supreme Court Midterm for Local Governments . . . . . . . . . . . . . . . . . . . . . . .34

Dist. 10 - Michelle DeNeui Assistant Finance Officer, Spearfish

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

Carolynn Anderson Finance Officer, Wall

Amy Leon City Manager, Yankton

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

Dist. 7 - Arnold Schott Mayor, McLaughlin

Dist. 9 - Laurie Woodward Finance Officer, Custer

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

SDMEA Hometown Power . . . . . . . . . . . . . . . . . . . .28

The Accessible Website . . . . . . . . . . . . . . . . . . . . . . .30

Columns

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . .38/48 Washington Report: Senator Rounds . . . . . . . . . . . . .40

In Every Issue

SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . 11

City Highlight - Vermillion . . . . . . . . . . . . . . . . . . . . 13

Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .42

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46

Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .37

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .49

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.

MARCH 2019

VOLUME 85, NUMBER 9

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Director's Notes The Legislative Session will only have a couple weeks left once you receive this, but believe me, the last days are the LONGEST days. At this writing, we have steadily worked toward the League’s goals, although admittedly our agenda, given the election year, wasn’t as aggressive as in some past years.

We are looking forward to seeing you all as we visit the District Meeting communities of Winner, Miller, Britton, Madison, Canton, Mobridge, Redfield, Murdo, Keystone, and Spearfish. We find such great events and sites in each town we go to, we really wish this opportunity to “leave the beaten path” were something all of our citizens and visitors could have.

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Affiliate groups are active this time of year, with meetings scheduled for the Municipal Electric Superintendent and Foreman Conference March 5 and 6; Building Officials ICC Code Officials Institute Program April 9 and 11; Street Maintenance Association meeting April 18-19; Police Chiefs’ Association and Sheriffs’ Joint Meeting April 23-25; and Code Enforcement Workshop May 15-16. Plans are also well underway for the annual Finance Officers’ School and Human Resource School. Please go to www.sdmunicipalleague.org for all the dates, agendas, and details so you can get these excellent training opportunities on your calendar.

We hope to see many of you at District Meetings, but until then, remember we are always available at 1-800658-3633 or yvonne@sdmunicipalleague.org.

Yvonne Taylor Executive Director

SOUTH DAKOTA MUNICIPALITIES

President's Report

It’s a wintery, blustery day as I write this and I just returned to Rapid City from the Municipal Day at the Legislature and the annual rib dinner (pretty glad I left in the morning because it could get REAL ugly by this afternoon.) That being said, I always enjoy hearing the legislative update from Yvonne and networking with my colleagues from around the state as well as those legislators who took time out of their busy schedules to discuss important legislative issues with their municipal constituents! And the ribs were pretty darn good, too.

When this month’s magazine is released, the legislative session will be nearing completion. I hope you have taken the opportunity to be informed about what has been going on in Pierre, either through the weekly updates or by attending the cracker barrel sessions that have taken place in your communities. If not, we have another opportunity for you to “get the scoop” as district meetings are just around the corner! I’m pretty excited that I get to come and visit YOU at your meetings, with the exception of Districts 6 and 7. Trust me, it’s not personal…I just have some friends getting married out-of-state that weekend.

While in Pierre, I also helped review the financial

MARCH 2019

information of the affiliate groups. There is a group of five of us that take on this annual task and I would like to thank those individuals for their diligence in getting this done: Karl Alberts, Finance Officer, Aberdeen; Michelle DeNeui, Assistant Finance Officer, Spearfish; Tracy Davis, Deputy Finance Officer, Rapid City; and Becky Brunsing, Finance Officer, Wagner…

THANK YOU! In addition, it would not be going NEARLY as smoothly as it does if not for the excellent work of Lori Butler and Carla McGregor in the League office. They really have made our jobs extremely easy – so a big heartfelt THANK YOU to you, as well! You guys rock it!!

With that…stay warm, stay safe and keep continuing to bless your communities in the way you know how!

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SD Municipal Street Maintenance Association Spring Meeting April 18 - 19, 2019

Ramkota Hotel & Conference Center

Thursday, April 18

Friday, April 19

Noon to 1:00 pm Registration 1:00 to 1:30

1:30 to 2:30

2:30 to 3:00

3:00 to 3:45

3:45 to 4:45

5:00 to 6:30

Registration Fee:

Pierre, SD

8:00 to 8:10 am Bridge Improvement Grant Tammie Williams, Administration Program Manager, SDDOT

Welcome and Business Meeting Gallery D

8:10 to 9:00

Small Cell Towers - Ordinances, Agreements and Placement Jeff Banks, City Attorney, Huron Rick Bush, Public Works Director, Sturgis Kurt Peppel, Assistant City Engineer, Sioux Falls

9:00 to 10:00

Break - Gallery EFG

Community Engagement Panel Darrell Shoemaker, Communication Coordinator, City of Rapid City Dale Tech, Engineer, City of Rapid City Rick Bush, Public Works Director, City of Sturgis Mark Cotter, Public Works Director, City of Sioux Falls

10:00 to 10:30 10:30 to 11:00

Vendor Lightning Rounds

11:00 to Noon

Exhibit Area Social

Sign Warrants and Traffic Calming Strategies Cliff Reuer, Technical Assistance Provider, LTAP Heath Hoftiezer, Principal Traffic Engineer, City of Sioux Falls Selecting Responsible Bidders Josh Peterson, Principal Engineer, City of Sioux Falls Break -Gallery EFG

DOC Community Service Programs Darwin Weeldryer, Director of Community Service, South Dakota Department of Corrections

Roundtable Discussion: Right of Way Maintenance and Regulatory Issues

SDMSMA Member NO FEE and Non-member $65.

Accommodations: A block of rooms has been reserved at the Ramkota Hotel at a rate of $110.00 + tax. Be sure to mention you are with the Street Maintenance Association. **IMPORTANT: to guarantee this rate your reservation must be made by March 18, 2019.

REGISTRATION

Street Maintenance Association Meeting April 18-19, 2019

Municipality _____________________________________________________________________________________

Name

Title

Email

_______________________________ ____________________________________ ___________________________ _______________________________ ____________________________________ ___________________________

Return registration with payment by April 4, 2019 to: No refunds will be given after April 4, 2019.

Office Use Only:

Date:________________

SD Municipal Street Maintenance Association 208 Island Drive, Ft. Pierre, SD 57532

Check #:________________

Amount:________________

2018 SDCMA Spring Training Conference April 10-11, 2019

Red Rossa

Pierre, SD

Wednesday, April 10 4:00 p.m.

5:00 p.m.

6:00 p.m.

Social Hour - Prairies Room

Art of Leadership Karen Daly, ICMA Mountain Plains Regional Director Dinner - Prairies Room

Thursday, April 11

Breakfast (ClubHouse Hotel provides a complimentary breakfast for guests.)

8:00 a.m.

11:30 a.m.

12:00 p.m.

Registration Fee:

Exploring Engagement and Making Motivation A Part of Your Day - Prairies Room Karen Daly, ICMA Mountain Plains Regional Director SDCMA Business Meeting Adjourn

$50 for affiliate members and $85.00 for non-members

Accommodations: A block of rooms has been reserved at the ClubHouse Suites (605-494-2582) at a rate of $139.00 + tax (queen). Be sure to mention you are with the South Dakota Municipal League. **IMPORTANT: to guarantee this rate your reservation must be made by March 10, 2019.

REGISTRATION

SD City Management Association Meeting April 10-12, 2019

Municipality _____________________________________________________________________________________

Name

Title

Email

_______________________________ ____________________________________ ___________________________ _______________________________ ____________________________________ ___________________________ Return registration with payment by March 30, 2019 to: No refunds will be given after March 30, 2019.

Office Use Only:

Date:________________

SD City Management Association 208 Island Drive, Ft. Pierre, SD 57532

Check #:________________

Amount:________________

SD Association of Code Enforcement (SoDACE) Information and Training Conference May 15-16, 2019

Wednesday, May 15 8:30 – 9:00 am Registration

Drifters Conference Center 1:00 – 3:00

9:00 – 9:15

Welcome

9:30 – 10:30

Open Discussion on Nuisance Problems and Solutions

9:05 – 9:30

10:30 – 10:45 10:45 – 11:45

Business Meeting and Election *AACE Conference Report from Peggy Eckert, 2019 Scholarship winner * Election of Officers for 2019-2021

Break

3:00 – 3:15

Open Discussion on Nuisance Problems and Solutions, cont.

3:15 – 5:00

11:45 – 1:00 pm Luncheon and Presentation of the Code Enforcement Officer of the Year Award – Gallery F&G

Registration Fee: Accommodations:

Fort Pierre, SD

Hoarding: A Simple Look at a Complex Disorder Cory Chalmers, Owner, Steri-Clean, Inc.

• What is Hoarding?

• Why People Hoard • Different Types of Hoarding Behaviors • Dangers of Hoarding • How to Make the Best Progress with Hoarders • Necessary Aftercare for Success Break

Hoarding: A Simple Look at a Complex Disorder, cont.

Thursday, May 16 9:00 – 10:00 am Human Trafficking Becky Rassmussen, Executive

Advance Registration: $50/SoDACE member and $90/non-member.

On-site Registration: $60/SoDACE member and $100/non-member.

A room block has been reserved at the Holiday Inn Express at a rate of $119.99 + tax. Be sure to mention you are with the Code Enforcement Association. **IMPORTANT: to guarantee this rate your reservation must be made by April 19, 2019.

REGISTRATION

SD Code Enforcement Training Conference

May 15-16, 2019

Municipality _____________________________________________________________________________________

Name

Title

Email

_______________________________ ____________________________________ ___________________________ _______________________________ ____________________________________ ___________________________ _______________________________ ____________________________________ ___________________________

____ Please indicate if you would like to receive a free copy of the 2018 International Property Maintenance Code for your city.

Return registration with payment by May 1, 2019 to: No refunds will be given after May 1, 2019.

Office Use Only:

Date:________________

South Dakota Association of Code Enforcement 208 Island Drive, Ft. Pierre, SD 57532

Check #:________________

Amount:________________

Finance Officer of the Year 2019 - 2020 South Dakota Governmental Finance Officers’ Association

2019 - 2020 "FINANCE OFFICER OF THE YEAR" Official Nomination Form All nominations must be submitted in writing by May 1, 2019. The Finance Officer of the Year award will be presented during the 2019 Finance Officers’ School held June 12-14 in Pierre.

Name of Nominee: Position: Years of service to the municipality: Contributions to the municipality as a Finance Officer:

Contributions to the community as a citizen:

Significant contributions to any other organizations:

Personal accomplishments:

Other Comments:

Submitted by: DEADLINE: May 1, 2019 Nominations will be kept confidential.

Use additional paper if necessary.

Additional nomination letters are welcome.

Phone: Please submit to: South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532 )D[ ௖ -224-8655

Scholarship Funds

SD Municipal Street Maintenance Association Scholarship Funds

Applicant must be a member of the South Dakota Municipal Street Maintenance Association.

Scholarship funds must be used to attend the American Public Works Association PWX Conference September 811, 2019 in Seattle, WA. Information can be found at http://www.apwa.net/PWX.

SDMSMA will pay the cost of airfare, mileage at the state rate, lodging for the conference dates only, APWA PWX Conference registration fee and meals not included in the conference package at the state meal rate. Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement. All reimbursement costs are subject to SDMSMA board approval.

Submit the completed application to SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655 no later than June 1, 2019, to be considered for the scholarship.

An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Street Maintenance section under the Affiliate Organizations tab.

Outdoor Recreation Projects Funded

Gov. Dennis Daugaard has awarded a total of $483,313 in Land and Water Conservation Fund (LWCF) grants to several communities. The federal assistance program provides up to 50 percent reimbursement for outdoor recreation projects.

The following communities were awarded LWCF grants for outdoor recreation projects: Belle Fourche – Jones Park Splash Pad development, $75,000 Crooks – New Hope Park Pickleball Court construction, $12,000 Doland – Restrooms at Splash Park construction, $62,000 Flandreau – Playground Equipment replacement, $18,000 Howard – Loe Park Playground Equipment replacement, $14,000 Ipswich – Pool House replacement, $64,000 Leola – Pool Lining replacement, $57,313 Madison – Memorial Park Playground Equipment replacement, $75,000 Spearfish – Outdoor Pickleball Court construction, $70,000 Spencer – Lion’s Park playground equipment replacement, $22,000 Wagner – McCormick Field Lighting Replacement, $14,000 “I commend these project sponsors for their strong commitment to improve their communities and make South Dakota a better place to live, work and play,” Gov. Daugaard said. “Their efforts will benefit future generations of South Dakotans.”

METER & AUTOMATION T

Land and Water Conservation Funds come from the National Park Service and are administered in South Dakota by the state Department of Game, Fish and Parks.

For more information on the LWCF program, contact grants coordinator Randy Kittle by calling 605-773-5490 or e-mail him at: randy.kittle@state.sd.us.

Find the closest waterworks loccation near you by visiting

FERGUSON.COM/W WATERW AT O ORKS

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SOUTH DAKOTA MUNICIPALITIES

March 5-6 10-13

13 14 19 20 21 27 28

April 2 3 4 9

10-11 11

18-19

23-25 TBD

May

15-16

2019 Events Calendar Municipal/School Election Workshop Webinars (See Registration) SD Municipal Electric Association Superintendent-Foreman Conference, Watertown NLC Congressional City Conference, Washington, DC District 4 Meeting, Winner District 5 Meeting, Miller District 1 Meeting, Britton District 2 Meeting, Madison District 3 Meeting, Canton District 7 Meeting, Mobridge District 6 Meeting, Redfield District 8 Meeting, Murdo District 9 Meeting, Keystone District 10 Meeting, Spearfish SD Building Officials, ICC Code Officials Institute Program, Rapid City SD City Management Association Meeting, Pierre SD Building Officials, ICC Code Officials Institute Program, Sioux Falls SD Municipal Street Maintenance Association Meeting, Pierre SD Police Chiefs/SD Sheriffs Joint Association Meeting, Deadwood SD Airport Management Association Meeting, Watertown

June 6-7

11-12 12-14 TBD

25 26

July

11 17 18-19

SDML Board of Directors Meeting, Rapid City Human Resource School, Pierre Finance Officers’ School, Pierre SD Municipal Attorneys’ Association Meeting, Rapid City Budget Training, Pierre Municipal Debit/Credit Workshop, Pierre Budget Training, Sioux Falls Elected Officials Workshop, Pierre SD Building Officials’ Association Meeting, Pierre

August 14-15

Policy Committee Meetings, Fort Pierre

8 8-11

SDML Board of Directors Meeting, Aberdeen SDML Annual Conference, Aberdeen

20-23

NLC City Summit, San Antonio, TX

11

Joint SDML Board Meeting with County Association, Pierre

October

November December

SD Association of Code Enforcement Workshop, Pierre

MARCH 2019

11

Policies and Procedures

Lynn Bren, SDPAA Director of Member Services

As I put the finishing touches on this, it’s a snow day… blizzard conditions, wind chill advisories, the works are on the news. It makes me wonder if Punxsutawney Phil got it wrong? Could there really be an early spring coming? Is that why we are having such severe and intense weather now?

Whether it’s early, late or right on time, spring will most certainly come. With the warmer temperatures come spring cleaning, remodeling and of course, new construction projects. What does that mean for our cities?

The building department will likely see an influx of requests for permits, and the rest of the departments will be turning the page from winter response to spring.

As public entities prepare for the influx of requests for building permits and conditional use permits, it’s important to ensure that all employees are trained on your policies and procedures for the review and issuance of permits. Additionally, ensuring that all employees are aware of any updates on statutes and ordinances which may impact the ability for an entity to receive the permit as requested. Some permits may require hearings, which require notice to be provided. Ensuring that all who would be involved in the review and issuance of permits are up to date on requirements for the same will save time and money alter.

Consider this scenario. Jane and Joe are wanting to build a new house. They have found the perfect lot. Chad the builder swings into the City office over his lunch break to grab the permit, real quick. Frankie, from building services is out on lunch and no one else is available to review and issue the permit. Chad becomes frustrated because this is the only time he’s going to be in town for the next couple weeks, and Jane and Joe really want to get started on the build. Sally, who really just wants to help but isn’t familiar with the ins and outs of the building code, issues the permit and collects the fees from Chad. Chad takes his issued permit and builds the house as designed. A few months later, the neighbors are calling and Frankie realizes that Sally has issued this permit, but because the plans included a pool that was larger than what was allowed under ordinance, the permit should have been a conditional use permit, subject to a hearing. What do you do now?

Setting aside time for training and policy review can be a crucial tool in your loss control and risk management plan.

Keeping employees aware of changes in not only building 12

and zoning ordinances or laws, but any other area in which policy or law development takes place.

For all departments, whether making those changes from the winter time responses to the spring time ones or not, it’s a good review your policies routinely to confirm that ‘the way we have always done things’ is in line with the policy or law for which it was meant to satisfy. If the way you have always done it isn’t in line with what you should be doing, change it! And, just because this is the way it’s always been done, doesn’t mean that it’s the only way that it can be done. There are multiple online training opportunities available through the SDPAA’s Online Training Library. In 2019 the SDPAA has added the online streaming option which partners with those opportunities already available through the SDPAA’s partnership with First Net Learning and LERMG.

If you’re a Member of the SDPAA and while you’re reviewing those policies or procedures and you find that you have a question, but it really doesn’t fit into our Employment Practices Hotline benefit, fear not, the SDPAA is delighted to announce the Government Practices Hotline. This hotline is intended to assist with some of the ‘other’ burning questions that you may have.

Watch your mailbox (the snail mail box, not your email inbox!) for our new brochure!

One of the many goals of the SDPAA is to continue to offer the most up to date loss control and risk management resources to our Members. Not a Member of the SDPAA but want to know more about our programs and benefits?

Head over to our website at www.sdpaaonline.org or call Lynn Bren, Director of Member Services at 800-658-3633 Option 2.

COMMUNITY VITALITY

Save the Date! April 30 ± May 1, 2019 Energize!

Conference, Lemmon, SD

BREAK-OUT SESSIONS FEATURING RURAL COMMUNITY & BUSINESS SUCCESSES Registration: https://extension.sdstate.edu/ev ent/2019energize-exploring-innovative-rural-com mmunities-conf erence South Dakota State University, South Dakota c ounties , a nd USDA cooperating. South Dakota State Univ ersity adher es to ANEEO g uidelines in offering educati onal programs and s ervices.

SOUTH DAKOTA MUNICIPALITIES

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13

Four Steps to Successful Resident Engagement

By Nina Vetter

Colorado Springs Involves Community in Complex Projects

While elected official support is crucial to the success of major public projects and certainly reinforces staff teams’ perceptions of the quality of their city’s process for completing projects, team members knew they were truly successful when hearing this response from a resident: “I do not agree with everything, but I like some of it, and I appreciate the time you took to listen to us. It was a good process.”

Success wasn’t due to our project teams’ intelligence or expertise. It was largely due to our transparent, equitable process that required patience, honesty, listening, and, quite frankly, boldness from all the people who participated in the process.

We believe it can be a model for other communities to use in implementing major, sometimes political, and sometimes complex public process-driven projects. Here are the four steps of the Colorado Springs process.

This comment was from a woman who was engaged in a city process from Day One, when we had met with her and 50 other residents of a mobile home park in Colorado Springs, Colorado (465,100 population), to listen to their concerns and fears about a recently passed transportation subplan.

Step 1: Engage Everyone Early, and We Mean Everyone. A local government can be quick to find those advocates who will side with it when starting a new project or a process, and they are important.

Before the subplan passed, however, the council had also approved the Renew North Nevada Avenue master plan in March 2017. More than 900 people in the community participated in that process.

It is important to be aware of any biases that staff members might have going into a conversation or a meeting. It is easy to be affected by past interactions with individuals or what might have been said about them.

The Colorado Springs council had unanimously passed the North Nevada Avenue zoning overlay, design guidelines, and transportation subplan in January 2018. Together, these items were the first of a kind for the city to initiate.

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To be successful in large public projects, however, particularly one that will restrict future use of private property in a large area, it was vital that Colorado Springs brought individuals involved to the table early, despite their history with the city or what the staff thought their opinions might be.

SOUTH DAKOTA MUNICIPALITIES

Build relationships. Staff members met with private property owners and area neighborhood organizations before we even held our first public meeting, including both advocates and naysayers.

Yes, as you can anticipate, people vented, voiced concerns, yelled a bit, but it also gave the project team an opportunity to get to know people on a personal level. To truly manage a project and provide a nonbiased opinion on the outcome, understand those who are vested, literally, in a project. Never underestimate the power of building good relationships.

Let them be heard. Every local government has important community partners that play crucial roles in development and future planning. From the onset of the transportation project, we formed a steering committee of community partners, including an elected official representing a city district, the city’s chief of staff, and representatives of related city boards and commissions.

They were the first to know what we were developing, when, and how it was going to be shared. Committee members were also given real opportunities to shape the language used to explain what was happening and how the subplan items were delivered.

WANT AFFORDABLE HOUSING FOR YOUR COMMUNITY? START THE DISCUSSION WITH SDHDA AND TAKE THE NEXT STEP

S O U T H

D A K O T A

D E V E L O P M E N T

A U T H O R I T Y

Step 2: Ask for Feedback That You Will Use. There are good times for the use of an open-house format, but sometimes it is not the right mechanism for public input.

At the beginning of our process, we literally had nothing to show people other than a map of the area under study. Our intent from the beginning was to create a master plan that truly represented what the community wanted, not what the city wanted, so we didn’t want to start with a product or draft that assumed we knew what people would say.

At the first workshop, we showed a map, introduced ourselves, and then asked people to spend 30 minutes to vision the future. We had people sit at roundtables, asked for their input through a series of questions on a printed form, and then asked them to prioritize their vision in a table or chart format on one form.

This second part was the secret sauce to success, and the group dynamic allowed people from different backgrounds—mobile home park resident, local business owner, resident of an adjacent neighborhood—to get to know each other and their respective concerns and enthusiasms.

Repeat “Conflict is okay, breathe, adapt” in your head before every public meeting. We have all probably heard it before: Conflict can be a good thing. This sounds nice until you are in the middle of a public meeting attended by 200 people, city manager, and councilmembers, and there is a resident insisting that someone else is “the master puppeteer behind it all.”

Cue panic and desire to “get this meeting under control.”

But wait, breathe, adapt. Let the resident finish and then calmly remind people of the intent of the meeting and how they are going to be asked for their vision of the future.

Often, people just want to be heard, and sometimes they wait until they have just the right audience to do it. At each meeting, we always took 10 minutes to answer questions before moving on, which allowed people a chance to be heard if they truly wanted the time.

Sometimes this lasted 15 minutes, but the opportunity for people to speak their minds allowed them and everyone else to work productively in their roundtable discussions.

Did every meeting go as planned? No, not a single one; however, we received helpful input and everyone felt heard.

sdhda.org MARCH 2019

This is what you told us and here it is. A quick way to lose public trust is to ask for public input and not use it. We made sure that after each workshop and after each online 15

survey, we took the feedback and then showed how the input resulted in a piece of the master plan.

We shared it at the beginning of the next workshop and through an e-mail newsletter. It is important to show people how you took their feedback and incorporated it into something tangible.

Step 3: Remember to Keep Everyone Informed and Repeat the Same Message.

Our elected officials were an important part of the processes we were undergoing. They would ultimately determine whether we had anything in place at the end of the day that they could support.

We presented updates to them every few months, highlighting the vast amount of public input we had, and showing them short videos of participants in this process explaining why this was so important to them.

Most importantly though, we kept repeating the same message. I cannot count the number of times we said: “We had 900 participants involved,” “This is a communitydriven plan,” or “The end products will represent a majority of what we have heard from the community but with almost 900 people involved we cannot make every individual happy.”

The repetition of these phrases and this information helped make it stick.

Step 4: You Cannot Overcommunicate, and Please Thank Everyone.

You have a finished product, now what? When we had the master plan completed but before it was formally on the

city council agenda, we met informally with several elected officials over a span of two weeks to hear any concerns before we brought it forward.

Since we had provided councilmembers with multiple updates throughout the process and also had one councilmember heavily involved in it, only a few concerns surfaced. When we did present this project to the entire council, we made sure to thank the participating councilmember several times.

Keep communicating with your participants. After the master plan was approved we had a lot more work to do, including the zoning overlay, design guidelines, and transportation subplan, and we wanted to make sure people knew the approval wasn’t the end.

To this day, we still send a newsletter when we have updates on what is happening in and around the corridor.

People appreciate being thanked and being notified of anything happening in the area. After all, we had 900 residents volunteer to take time out of their day to participate in the process, and they truly are the reason we were successful.

If you want to see more of our plan or process, it’s available online at www.coloradosprings.gov/renewnnave.

PM

Nina Vetter is manager, Pueblo West Metropolitan District, and former strategy and performance administrator, Colorado Springs, Colorado (nina.l.vetter@gmail.com)

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FLSA, Seasonal/Temporary Employees and Child Labor Laws

It is important to regularly review Fair Labor Standards and Child Labor regulations PRIOR to seasonal hiring. Often we become complacent and continue to do things the way we have always done them. Reminders like this give us an opportunity to verify that we are adhering to the law. In this economy, none of us can afford to make mistakes that cost our communities back wages for overtime.

The Fair Labor Standards Act (FLSA) allows for specific exemptions from minimum wage and overtime including administrative, executive and professional exemptions.

For purposes of this article, we will assume that most employees hired for seasonal and temporary positions are non-exempt from minimum wage and overtime provisions. This means that these employees will be eligible to receive minimum wage at $9.10 per hour.

Seasonal and temporary employees are eligible to receive 1.5 times the hourly wage for all hours worked over 40 in any given workweek as required by FLSA.

FLSA DOES include an exemption from minimum wage and overtime for Seasonal Amusement or Recreational Establishments - Section 13(a)(3). Tests for this exemption include: a) does not operate for more than seven months in any calendar year; OR b) during the preceding calendar year, average receipts for any six months of such year were not more that 33 1/3% of its average receipts for the other six months of such year.

It would seem apparent that a swimming pool or other facility that is open only for the summer months would qualify for this exemption from overtime and minimum wage provisions of the FLSA. But please note, if seasonal employees who qualify for this exemption perform

other jobs for the city, this exemption from overtime may not apply.

Also please review the “FLSA Child Labor Regulations Refresher” article on pages 16-19. It is important to consider the duties that employees under age 18 are permitted to perform. With limited resources and limited staff, it becomes essential to understand the law.

The majority of the questions that the Municipal League receives are regarding “children” under eighteen years of age (16-17) and if they are allowed to run lawn mowers. In a later article the actual Prohibited Occupations for 16-17 year olds (non-adult) are reviewed.

Even though lawn mowers are not specifically mentioned, there are enough related references to this type of work that many cities across South Dakota do not use child labor for these duties. The League discourages cities from doing so but we will leave that to you and your City Attorney to work out. It would also be prudent to review the Child Labor Violation Penalties which is in a later article as well.

These laws can be complicated and difficult to sort out. If there are questions, employers are required to follow the law that provides the greatest benefit to the employee.

SD Codified law can be found online at sdlegislature.gov/ Statutes/Codified_Laws/ under Title 60 Labor and Employment. The South Dakota Department of Labor staff is also a great resource. You also have access to the knowledgeable SDML staff (800-658-3633) and the SD Governmental Human Resource Association.

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17

FLSA Child Labor Regulations Refresher

Reprinted from the United States Department of Labor Wage and Hour Division website. The information in this article is a snapshot of what is provided via the DOL website. For more details follow visit http://www.dol.gov/ whd/regs/compliance/childlabor101.pdf

With summer just around the corner, it may be a good time to have a little refresher course on the Fair Labor Standards Act (FLSA) regarding child labor regulations. Employers may employ youth only under certain conditions and child labor regulations vary significantly depending on the age of the youth.

Federal Child Labor Provisions The federal child labor provisions, also known as the child labor laws, are authorized by the Fair Labor Standards Act (FLSA) of 1938. These provisions were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities. By knowing, understanding, and complying with these provisions, employers, parents, and teachers can help working teens enjoy those safe, positive, early work experiences that can be so important to their development.

Other Laws That Impact Child Labor Other federal and state laws may have higher standards.

When these apply, the more stringent standard must be observed. All states have child labor provisions, compulsory school attendance laws, and establish the minimum ages and conditions under which youths may operate motor vehicles.

Unless otherwise exempt, a covered minor employee is entitled to receive the same minimum wage, overtime, safety and health, and non-discrimination protections as adult workers.

18

Minimum Age Standards for Nonagricultural Employment 14 Minimum age for employment in specified occupations outside of school hours for limited periods of time each day and each week.

16 Basic minimum age for employment. At 16 years of age, youth may be employed for unlimited hours in any occupation other than one declared to be hazardous by the Secretary of Labor.

18 Minimum age for employment in nonagricultural occupations declared hazardous by the Secretary of Labor.

Occupation Standards for 14- and 15-Year-Olds The following list, which is not exhaustive, are jobs that 14- and 15-year-olds may not be employed in: 1. Any manufacturing occupation.1 2. Any mining occupation.

3. Most processing occupations such as filleting of fish, dressing poultry, cracking nuts, developing of photographs, laundering, bulk or mass mailings (except certain occupations expressly permitted as discussed below).

4. Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined or otherwise processed (except to the extent expressly permitted as discussed below; and as discussed in footnote 1).

5. Any occupation found and declared to be hazardous by the Secretary of Labor.

6. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing of hoisting apparatus.

7. Work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the establishment, machines, or equipment.

8. Occupations involved with the operating, tending, setting up, adjusting, cleaning, oiling or repairing of any power-driven machinery, including, but not limited to, lawnmowers, golf carts, all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and food mixers. Fourteen- and 15-yearolds may operate most office machinery and those machines that are expressly permitted.

9. The operation of motor vehicles or service as helpers on such vehicles.

10. The riding on a motor vehicle inside or outside of an enclosed passenger compartment except as permitted in #16 in the next list.

11. Outside window washing that involves working from window sills.

SOUTH DAKOTA MUNICIPALITIES

12. All work requiring the use of ladders, scaffolds, or their substitutes.

13. All baking and most cooking activities except as discussed in the following #3.

14. Work in freezers and meat coolers and all work in the processing of meat for sale; however, youth are permitted to occasionally enter freezers only momentarily to retrieve items.

15. Youth peddling, including not only the attempt to make a sale or the actual consummation of a sale, but also the preparatory and concluding tasks normally performed by a youth peddler, such as the loading and unloading of motor vehicles, the stocking and restocking of sales kits and trays, the exchanging of cash and checks with the employer, and the transportation of the minors to where the sales will be made.

16. Loading and unloading of goods or property onto or from motor vehicles, railroad cars, and conveyors, except as discussed in the following #12.

17. Catching and cooping of poultry in preparation for transport or for market.

18. Public messenger service.

19. Occupations in connection with: a. Transportation of persons or property by rail, highway, air, on water, pipeline, or other means. b. Warehousing and storage. c. Communications and public utilities. d. Construction (including repair).

Except 14- and 15-year-olds may perform office or sales work in connection with a, b, c, and d above when not performed on transportation media, on an actual means of transportation, or at the actual construction site.

The following is the list of jobs the Secretary of Labor has determined will not interfere with the schooling, health, and well-being of 14- and 15-year-olds and therefore MAY BE performed by such youth. Any job not specifically permitted, is prohibited.

1. Office and clerical work, including operation of office machines.

2. Work of an intellectual or artistically creative nature such as but not limited to computer programming, the writing of software, teaching or performing as a tutor, serving as a peer counselor or teacher’s assistant, singing, the playing of a musical instrument, and drawing, as long as such employment complies with all the other provisions contained in §§ 570.33, .34, and .35.

3. Cooking with electric or gas grills that do not involve cooking over an open flame and with deep fat fryers that are equipped with and utilize devices that automatically lower and raise the baskets into and out of the oil or grease. NOTE: this section does not permit cooking with equipment such as rotisseries, MARCH 2019

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high temperatures such as “Neico broilers.”

Cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping.

Price marking and tagging by hand or by machine.

Assembling orders, packing and shelving.

Bagging and carrying out customer orders.

Errand and delivery work by foot, bicycle, and public transportation. Except such youth may not be employed by a public messenger service.

Cleanup work, including the use of vacuum cleaners and floor waxers, and the maintenance of grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment.

Kitchen work and other work involved in preparing and serving food and beverages, including operating machines and devices used in performing such work.

Examples of permitted machines and devices include, but are not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milk shake blenders, coffee grinders, automatic coffee machines, devices used to maintain the temperature of prepared foods (such as warmers, steam tables, and heat lamps), and microwave ovens that are used only to warm prepared food and do not have the capacity to warm above 140°F. Cleaning kitchen equipment. Minors are permitted to clean kitchen equipment (not otherwise prohibited), remove oil or grease filters, pour oil or grease through filters, and move receptacles containing hot grease or hot oil, but only when the equipment, surfaces, containers and liquids do not exceed a temperature of 100°F. Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items, including vegetables, fruits, and meats, when performed in areas physically separate from a freezer or meat cooler.

Loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-driven, hand tools and personal protective equipment that the minor will use as part of his or her employment at the work site; and the loading onto motor vehicles and the unloading from motor vehicles of personal items such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site. Such light tools would include, but not be limited to, rakes, hand-held clippers, shovels, and brooms. Such light tools would not include items like trash, sales kits, promotion items or items for sale, lawn mowers, or other power-driven lawn maintenance equipment. Such minors would not be permitted to load or unload safety equipment such as barriers, cones, or signage.

The occupation of lifeguard (15-year-olds but not 14year-olds) at traditional swimming pools and water 19

amusement parks (including such water park facilities as wave pools, lazy rivers, specialized activity areas, and baby pools, but not including the elevated areas of water slides) when properly trained and certified in aquatics and water safety by the American Red Cross or a similar certifying organization. No youth under 16 years of age may be employed as a lifeguard at a natural environment such as an ocean side beach, lake, pond, river, quarry, or pier.

14. Employment of certain youth under specified conditions inside and outside of establishments where machinery is used to process wood products.

See the DOL link at the beginning of this article for information on this exemption.

15. Work in connection with cars and trucks if confined to the following: Dispensing gasoline and oil.

Courtesy service on premises of gasoline service station.

Car cleaning, washing, and polishing by hand.

Other occupations permitted by Child Labor Regulation No. 3, but not including work involving the use of pits, racks or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.

16. Work in connection with riding inside passenger compartments of motor vehicles except as prohibited in #10 in the previous list or when a significant reason for the minor being a passenger in the vehicle is for the purpose of performing work in connection with the transporting—or assisting in the transporting of— other persons or property. Each minor riding as a passenger in a motor vehicle must have his or her own seat in the passenger compartment; each seat must be equipped with a seat belt or similar restraining device; and the employer must instruct the minors that such belts or other devices must be used. In addition, each driver transporting the young workers must hold a valid state driver’s license for the type of vehicle being driven and, if the driver is under the age of 18, his or her employment must comply with the provisions of HO 2 (see chart).

Employment Standards for 16- and 17-Year-Olds in Nonagricultural Employment

The Hazardous Occupations Orders (HOs) for Nonagricultural Employment These Orders are published in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations.

The FLSA provides a minimum age of 18 years for any nonagricultural occupations which the Secretary of Labor “shall find and by order declare” to be particularly hazardous for 16- and 17-year-old persons, or detrimental to their health and well-being. This minimum age applies 20

even when the minor is employed by the parent or person standing in place of the parent.

The seventeen HOs apply either on an industry basis, specifying the occupations in the industry that are not permitted, or an occupational basis irrespective of the industry in which found. Some of the HOs contain limited exemptions.

HO 1

Manufacturing and storing of explosives.

HO 3

Coal mining.

HO 2 HO 4 HO 5* HO 6 HO 7 HO 8* HO 9

Motor-vehicle driving and outside helper on a motor vehicle.

Occupations in forest fire fighting, forest fire prevention, timber tract operations, forestry service, logging, and sawmilling.

Power-driven woodworking machines.

Exposure to radioactive substances.

Power-driven hoisting apparatus, including forklifts.

Power-driven metal-forming, punching, and shearing machines.

Mining, other than coal mining.

Operating power-driven meat processing equipment, including meat slicers and other food slicers, in retail establishments (such as HO 10* grocery stores, restaurants kitchens and delis) and wholesale establishments, and most occupations in meat and poultry slaughtering, packing, processing, or rendering.

HO 11

HO 12* HO 13

Power-driven bakery machines including vertical dough or batter mixers.

Power-driven balers, compactors, and paper processing machines.

Manufacturing bricks, tile, and kindred products.

Power-driven circular saws, bandsaws, chain HO 14* saws, guillotine shears, wood chippers, and abrasive cutting discs.

HO 15

HO 16*

Wrecking, demolition, and shipbreaking operations.

Roofing operations and all work on or about a roof.

HO 17* Excavation operations.

* These HOs provide limited exemptions for 16- and 17-yearolds who are bona-fide student-learners and apprentices.

SOUTH DAKOTA MUNICIPALITIES

Enforcement of the Federal Child Labor Provisions The Wage and Hour Division, which is part of the Department of Labor, administers and enforces the child labor, minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act. The Wage and Hour Division also has enforcement responsibility for programs covering such things as prevailing wages for government contracts, the payment of special minimum wages, farm labor, family and medical leave, immigration and polygraph testing. Wage and Hour Division Investigators, who are stationed across the United States, are authorized to conduct investigations and gather data on wages, hours of work, and compliance with all the provisions of the FLSA, including the child labor provisions.

Penalties for Violation Civil Money Penalties Employers may be subject to a civil money penalty of up to $12,845 for each employee who is the subject of a child labor violation. The penalty may be increased to $58,383 for each violation that causes the death or serious injury of a minor, and that penalty may be doubled when the violations are determined to be repeated or willful. When a civil money penalty is assessed against an employer for a child labor violation, the employer has the right, within 15 days after receipt of the notice of such penalty, to file an exception to the determination that the violation or violations occurred.

When such an exception is filed with the office making the assessment, the matter is referred to the Chief Administrative Law Judge, and a formal hearing is scheduled. At such a hearing, the employer may, or an attorney retained by the employer may, present such witnesses, introduce such evidence and establish such facts as the employer believes will support the exception. The determination of the amount of any civil money penalty becomes final if no exception is taken to the administrative assessment thereof, or if no exception is filed pursuant to the decision and order of the administrative law judge.

MARCH 2019

Injunction to Compel Compliance The FLSA authorizes the Department of Labor to seek injunctions against violators of the child labor provisions to compel their compliance with the law. Further violations could result in sanctions against such persons for contempt of court.

Criminal Sanctions The FLSA also provides, in the case of a willful violation, for a fine up to $10,000; or, for a second offense committed after the conviction of such person for a similar offense, for a fine of not more than $10,000 or imprisonment for not more than 6 months, or both.

Additional Information For information about the federal child labor requirements, visit the YouthRules! at http://www.youthrules.dol.gov.

Inquiries about the Fair Labor Standards Act or any other law administered by the Wage and Hour Division may be addressed to any local office of the Wage and Hour Division.

Additional information is available at http://www.dol.gov/ whd/index.htm.

Locate the Wage and Hour Division office nearest to you, telephone the toll-free information and helpline at 1-8664US-WAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am to 5pm in your own time zone; or log onto the nationwide listing of Wage-Hour District Offices located at: http://www.dol.gov/whd/america2.htm.

Notes 1. Section 13(c)(7) of the FLSA, enacted in 2004, permits the employment of certain minors between the ages of 14 and 18, who have been excused from compulsory school attendance, inside and outside of places of business where machinery is used to process wood products. This provision, however, does not permit such minors to operate, or assist in the operation of power-driven woodworking machines.

21

Application of the Federal Child Labor Provisions to the Employment of Lifeguards

Fact Sheet # 60: Application of the Federal Child Labor Provisions of the Fair Labor Standards Act (FLSA) to the Employment of Lifeguards

The Fair Labor Standards Act (FLSA), administered by the U.S. Department of Labor’s Wage and Hour Division (WHD), requires that most employees be paid at least the applicable federal minimum wage and overtime pay for all hours worked at time and one-half the regular rate of pay after 40 hours in a workweek. The FLSA also includes child labor and recordkeeping provisions. While some seasonal and recreational establishments such as outdoor swimming pools may be exempt from the minimum wage and overtime requirements of the FLSA if they meet certain tests, this exemption does not apply to the child labor or record keeping provisions of the FLSA.

Child labor Provisions of the FLSA The federal child labor provisions were enacted to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

18 years of age Once a minor reaches 18 years of age, the federal child labor provisions no longer apply to their employment.

16 and 17 years of age Sixteen and 17-year-olds employed as lifeguards may perform any nonhazardous job, for unlimited hours. The Secretary of Labor has declared 17 Hazardous Occupations Orders (HOs) which restrict the types of jobs and/or industries in which youth under 18 years of age may be employed. Not exhaustive, the following list represents some common tasks which occur at establishments that employ lifeguards. Under the federal child labor provisions, workers under 18 years of age generally may not: • Operate or assist to operate, clean, oil, set up, adjust, or repair certain power-driven woodworking, metalworking, bakery, meat processing, and paper products machinery including meat slicers, compactors, balers, mixers, and saws.

• Drive or serve as an outside-helper on a motor vehicle on a public road; but 17-year-olds who meet certain specific requirements may drive automobiles and

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trucks that do not exceed 6,000 pounds gross vehicle weight for limited amounts of time during daylight hours as part of their job (see Fact Sheet #34).

• Operate power-driven hoists such as elevators, cranes, derricks, and high-lift trucks. However, 16- and 17-yearolds may operate and assist in the operation of most water amusement park and recreation establishment rides.

• Load, operate, or unload power-driven balers and compactors used in the disposal of waste. A limited exemption exists that permits the loading, but not the operating or unloading, of certain scrap paper balers and paper box compactors under certain specific conditions (see Fact Sheet #57).

14 and 15 years of age Fifteen-year-olds, but not youth less than 15 years of age, may be employed as lifeguards at traditional swimming pools and most facilities of water amusement parks. Such employment must meet the following conditions: • The 15-year-old must be trained and certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety; and • The 15-year-old must be employed in compliance with all the other applicable provisions of the federal child labor rules contained in Child Labor Regulations No. 3 (see Subpart C of 29 CFR Part 570), including the restrictions on the hours and times of day that 15-yearolds may be employed as discussed below; and

MARCH 2019

• The federal child labor rules require that 15-year-olds who are employed to teach or assist in teaching others how to swim must also be certified as swimming instructors by the American Red Cross or some other similar certifying agency.

The occupation of lifeguard, as per 29 C.F.R. § 570.34(l), encompasses the duties of rescuing swimmers in danger of drowning, the monitoring of activities at a swimming pool to prevent accidents, the teaching of water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, conduct or officiate at swimming meets, and administer first aid. Additional ancillary lifeguard duties may include checking in and out such items as towels, rings, watches and apparel. Properly certified 15-year-old lifeguards are also permitted to use a ladder to access and descend from the lifeguard chair; use hand tools to clean the pool and pool area; and test and record water quality for temperature and/or pH levels, using all of the tools of the testing process including adding chemicals to the test water sample. Such youth would, however, be prohibited from entering or working in any chemical storage areas, including any areas where the filtration and chlorinating systems are housed.

As mentioned, a core and defining duty of a lifeguard is the rescuing of swimmers in danger of drowning, often by

23

entering the water and physically bringing the swimmer to safety. Under 29 C.F.R. § 570.34(l), any employee under the age of 16 whose duties include this core duty—such as a “junior lifeguard” or a “swim-teacher aide”—or whose employment could place him or her in a situation where the employer would reasonably expect him or her to perform such rescue duties, would be performing the duties of a lifeguard while working in such a position. For such employment to comply with these child labor provisions, the employee would have to be at least 15 years of age and possess the proper certification.

A traditional swimming pool means a water tight structure of concrete, masonry, or other approved materials located either indoors or outdoors, used for bathing or swimming and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith. A water amusement park means a facility that not only encompasses the features of a traditional swimming pool, but also includes such additional attractions as wave pools, lazy rivers, activities areas and elevated water sides.

Properly certified 15-year-olds may be employed as lifeguards at water amusement park wave pools, lazy rivers, and activities areas, but not at the top of elevated water slides. Generally, all youth under 16 years of age are prohibited from operating or tending power-driven equipment and may not assist the public as they enter, “ride,” and leave water-park or amusement-park-type

rides. Thus, minors under 16, even if properly certified as lifeguards, may not be employed as dispatchers, attendants, or slide monitors at the top of elevated water slides. Fifteen-year-olds who are properly certified may be employed as lifeguards stationed at the splashdown pools located at the bottom of elevated water slides.

Youth under 16 years of age may not be employed as lifeguards at natural environment facilities such as rivers, streams, lakes, ponds, quarries, reservoirs, wharfs, piers, or ocean-side beaches.

Hours Limitations The employment of 14- and 15-year-olds, including those 15-year-olds employed as lifeguards, is generally limited to: • Outside of school hours; • 3 hours on a school day, including Fridays; • 8 hours on a nonschool day; • 18 hours in a week that school is in session; • 40 hours in a week that school is not in session.

Also, such youth may not work before 7 a.m. or after 7 p.m. (except from June 1 through Labor Day when the evening limit is extended to 9 p.m.).

Occupations Limitations Fourteen- and 15-year-olds, including properly certified 15-year-olds who are employed as lifeguards, may not be employed in the following occupations that are often found at establishments that have traditional swimming pools:

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• Work involving the operation or tending of any powerdriven machinery and hoists (except office machinery).

This prohibition includes work involving most amusement park and recreation establishment rides – including dispatchers on elevated water slides – and power-driven lawn mowers and trimmers.

• All baking and most cooking. These minors may perform cooking with electric and gas grilles that does not involve cooking with open flames. They may also cook with deep fryers that are equipped with and utilize devices that automatically lower and raise the fryer baskets into and out of the hot oil or grease. They may not operate NEICO broilers, pressure cookers, ovens or rotisseries.

• The cleaning of cooking equipment and the filtering, transporting, and disposing of hot oil and grease when the surfaces or hot oil or grease exceed 100° F. • All work in construction, including demolition and repair.

• All work involving the use of ladders or scaffolding, except properly certified 15-year-old lifeguards may use a ladder to access and descend from the lifeguard chair.

• All work in freezers, but they may enter freezers equipped with safety latches, for brief periods of time, to retrieve items.

13 years of age and younger Youth under 14 years of age are generally not allowed to work in nonagricultural occupations. However, the FLSA does allow a parent who is the sole-owner of a business to employ his or her child in any occupations other than mining, manufacturing or those declared to be hazardous by the Secretary of Labor.

Where to Obtain Additional Information For more information on the FLSA child labor provisions, including a complete list of all hazardous occupation orders, visit the YouthRules! Web site at www.youthrules.gov.

For additional information on the Fair Labor Standards Act, visit the Wage and Hour Division Web site: http://www.dol.gov/whd/ or call the toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

When state child labor laws differ from the federal provisions, an employer must comply with the higher standard. Links to your state labor department can be found at http://www.dol.gov/whd/contacts/state_of.htm.

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

Reprinted from http://www.dol.gov/whd/regs/compliance/ whdfs60.pdf.

MARCH 2019

25

Small Community Planning Grant

The Small Community Planning Grant Program was established to promote a proactive approach to water and wastewater infrastructure management. This program provides small communities with funds to hire an engineering consultant to develop a project specific engineering report. The engineering report’s level of detail will be on par with the facilities plan required for SRF projects.

The Small Community Planning Grant Program also includes utility rate analysis and review. Communities can access grant funds to procure professional services to conduct a rate analysis and review using the Show-me Ratemaker™.

Eligibility Requirements The grant is available to systems serving a population of 2,500 or fewer.

Grants will be made on a first come, first served basis.

The project sponsor must be an entity of government (county, municipality, or township), or a special purpose

district with the authority to construct a water or wastewater project (sanitary, water user, watershed, or water project).

Nonprofit organizations are also eligible provided they were formed for the primary purpose of supplying water or sanitary service. Nonprofit water systems applying for this grant must meet the definition of a community water system (a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents).

This grant is not available for projects already on the State Water Plan.

Application Requirements An applicant must submit an original application to the Department of Environment and Natural Resources. The application will be reviewed by staff for completeness and technical merit. Staff will work with applicants to correct any identified deficiencies. The application is available for download or to complete online at https://denr.sd.gov/dfta/ wwf/statewaterplan/smallcommunityplanning.aspx.

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Award Dates The Department of Environment and Natural Resources may make a small community planning grant award at any time following department review of the application.

Award Criteria Communities will be reimbursed 80 percent of the cost of the engineering study upon completion of the engineering report. The maximum reimbursement a community may receive is $8,000 for a water engineering study.

Wastewater related studies may receive reimbursement up to $10,000.

Communities conducting a utility rate analysis and review study may receive reimbursement of 80 percent of costs up to $1,600. The study must be an analysis using the Showme Ratemaker™ process.

The remaining cost will be paid by the community and may consist of local cash or other non-state grant assistance. In-kind contributions will not be accepted as local match.

The engineering or utility rate report will be considered complete and payment made to the grantee only if all the items discussed in the Report Requirements section are

addressed. The department will determine completeness of the study.

Report Requirements The engineering study must contain adequate information to be used as a facilities plan. An outline of items that must be included in a facilities plan is located in the Small Community Planning Grant application. A professional engineer licensed in the state of South Dakota must prepare the study.

The Show-me Ratemaker™ analysis must be conducted by a recognized technical assistance provider or financial planning professional competent in providing this service.

The report must include the background assumptions and the information generated by the Show-me Ratemaker™ software.

More Information Department of Environment and Natural Resources Water and Waste Funding Program 523 East Capitol Avenue, Pierre, South Dakota 57501 Contact: Andy Bruels E-mail: denrinternet@state.sd.us Phone: 605-773-4216 Fax: 605-773-4068

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By Chris Hill, SDMEA Director of Municipal Electric Services

Legislative Session

Today I am writing this as I sit in the House of Representative's gallery. I am looking down over the floor and watching the conversations take place. Legislators, lobbyists, pages and interns flow about and the Capitol is abuzz on this cold February day. I find I am a little relieved that the negotiations are continuing on Senate Bill 66. This session is THE session for me. The learning curve has been tremendous as now we negotiate. Senate Bill 66 has me fighting the good fight not only for the 35 cities and towns with municipal electric utilities, but also for the people of South Dakota. Senate Bill 66 could have a devastating effect on economic development in our 35 communities. When cities grow and are expected to install infrastructure such as water, and wastewater facilities, streets, and street lights, they should also be able to extend their electric utilities into those areas and offer the citizens of their municipality all the services they have to offer. If the city is using its resources to grow and develop territory, it only makes sense that they should get to expand their utilities as well. Am I biased? Here are the facts.

Please recall that I mentioned 35 municipal electric utilities in the state. There are 309 incorporated cities in South Dakota. The South Dakota rural electrics currently fully provide service to 60. They also partially serve another 62 incorporated cities in South Dakota. Prior to 1936, if you wanted electricity, it would be best if you lived in or near a city or town. The Rural Electrification Act of 1936 provided federal loans to take power to customers outside city limits. In 1962, the rural electrics and the investor owned utilities were granted rights to serve the municipalities they were currently serving. 1975 saw service territories established and granted municipal electrics the right to expand their services when they annexed and grew…paying compensation of course.

Municipal Electrics were required to compensate the 28

previous provider 25% of gross revenue on those customers for 5 years, even on bare ground annexations.

Five years? Annex the territory early enough and you wouldn’t have any gross revenue in those five years and boom, you just found a loophole. 1992 legislation brought by the rural electrics said wait a minute, the compensation formula isn’t sufficient. An agreement was made to change the 25% of gross revenue from 5 to 7 years. Go home, that’s it! Then came 2009 when the rural electrics brought more legislation to the Capitol claiming the municipal electrics were still annexing territory and holding it long enough to reduce compensation. The municipals again compromised, and an agreement was made to extend it to 25% of gross revenue for 7 of 11 years. Could that “squatting” on land happen? In theory, yes. In reality, if you put your money on the line to develop an area, would you sit on it for 5 years? 7 years? 11 years? If your answer to this is yes, you have a lot of patience for your return on investment.

Now, here I sit in 2019 and I feel like I have learned a lot from this session. I have met some great people on both sides of this issue. I have also learned a lot about the legislative process. I have a newfound respect for the information all the legislators have to decipher and the decisions that need to be made. It’s a slow process for sure, but it needs to be. There is a lot to think about when it comes to some of these major issues. The one thing to

SOUTH DAKOTA MUNICIPALITIES

remember is that all bills have meaning to someone and need careful dialog and need to be fully understood to make the most informed decision.

Ok, I got a little off track there as I was going to feed you full of facts this month. Here are some more interesting facts that might help you. Again, remember the 35 municipalities that have their own electrical system? They have about 60,000 customers (meters). The rural electrics have about 155,000 customers (meters). Three times the customers means the rural electrics also sell about three times the power municipal electrics sell. The rural electrics sell about 4.5 million MWh annually and the municipal electrics sell about 1.5 million MWh annually. Another fact, Basin Electric Power Cooperative in North Dakota sells power to the rural electrics in South Dakota. In 2017, Basin experienced 5% member growth over the previous year, which means the rural electrics had 5% growth. That same year, our municipal electrics had less than 1% growth.

We all have a common goal. We all want to serve our citizens of this great state to the best of our ability. The municipal electrics have been successful in promoting growth and economic development in our municipalities and have paid millions of dollars for compensation on bare

ground annexations. Speaking of annexations, Watertown, Brookings, and Vermillion have annexed a total of 4.26 square miles in rural electric territory since 1975. Our municipalities have a total of a 90 square mile footprint in South Dakota. That leaves 77,000 square miles left for the rural electrics.

I have many more facts if you are interested but you are probably getting sick of reading this by now. One of the greatest takeaways I have from this session so far is that we as public power utilities need to come together more often to advocate on our own behalf. When the territory laws were written, they were done so in a manner to protect the citizens of our municipalities by offering them all the city services. We need to continue fighting as a group for that protection so we can all best serve our customers.

It has been a very frustrating dispute this year and I will keep you all updated on how it all works out. Please let me know if you have any questions and I will keep working hard to let our legislators know what makes our municipal electric HOMETOWNS great!

Questions? Comments? Call 605-770-6299 or email me at Chris@sdmunicipalleague.org.

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The Accessible Website: Creating Content Responsive to Residents with a Disability

By Martin Lind

motivating reason to always keep accessibility in mind.

As a local government leader, you have a responsibility to follow the laws and to help your staff do so. Since the creation of the Americans with Disabilities Act in 1990, all federal civil rights laws pertaining to people with disabilities became part of the legal portfolio that local governments must track.

Legal Threshold for Noncompliance Since the creation of the Americans with Disabilities Act in 1990, having a website that’s inaccessible to people with disabilities is a civil rights violation and could lead to an investigation by—and settlement with—the U.S. Department of Justice (DOJ).

How can you motivate your organization to make its website accessible? Most point to the moral and legal reasons to do it, and both are extremely good reasons to update a site. There is, however, another more effective and selfish reason to do it: It will benefit your organization.

While an up-to-date comprehensive list does not exist, both the University of Minnesota3 and the World Wide Web Consortium (W3C)4 (the standard bearer of accessibility standards) list no more than 20 local government agencies settling through 2016, and an Internet search doesn’t provide many more since then, with the city and county of Denver5 having the highest profile.

Title II of the law “prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by state and local governments.”1 Unless you want to claim that a website is not a service, program, or activity of your organization, your website must be made accessible to people with disabilities.

Motivation for Change WebAIM, the United States’ leading authority on web accessibility, posted a blog by Jared Smith discussing the hierarchy for motivating accessibility change.2 He explains that guilting your website content managers into updating content is not a good motivator for change because this doesn’t last.

The truth is, few local governments have been drawn into a settlement with DOJ for having a noncompliant website.

In fact, by most accounts, there are few that have been investigated at all.

In Denver’s case—as is the situation for many agencies— DOJ was investigating physical issues like curb access for wheelchairs and looked into virtual accessibility issues, including 9-1-1 services and websites, as part of its research.

Instead, he proposed a hierarchy of motivation to inspire people to create accessible content, based in part on seeing the transformational impact it can have on people’s lives (see Figure 1). Ask a resident with a vision disability who uses software that reads aloud every word on a website (i.e., a screen reader) to come in and demonstrate how it’s used. It’s a great way to inspire content editors to keep accessibility in mind and much more effective than showing your team a YouTube video of it.

Witnessing the importance of an accessible website in person can be difficult to do. How would you find someone to come in and do the demonstration? Can this person return every time someone in your organization is deemed a content editor and needs inspiration to create accessible web pages?

However critical it is to inspire your staff to do the right thing, it’s unlikely you’ll be able to have someone like this at your beck and call. You will instead need to find another 30

There are roughly 30,000 local governments6 in the United States. If only 50 percent of them had websites, that would be 15,000 local government websites. If we round up the 20 agencies that settled with the DOJ to 100 to account for those that didn’t make the news, that’s still SOUTH DAKOTA MUNICIPALITIES

about 0.5 percent.

To put that in perspective, the odds of a local government website being subject to a DOJ settlement is about twice as likely as the risk of dying from a global asteroid impact7 that causes a mass extinction. That doesn’t mean your organization shouldn’t do everything it can to follow the law; it simply means that trying to motivate your website content creators to follow the law out of fear of getting “caught” does not hold up.

Convincing Arguments If guilting agency staff into making an accessible website doesn’t work and doing it as insurance against a DOJ settlement is a statistical nonstarter, how do we convince local government staff to create accessible content?

Simple: It benefits their organization as well as website visitors.

Improve your website's reach The undeniable truth is that many of your community’s residents and customers have a disability that requires an assistive technology like a screen reader that relies on a properly formatted website.

Data on the number of Americans who use web assistive technology is lacking, but some 3 percent of Americans are legally blind8 and must use a screen reader to access the web and 8 percent of adults 55 to 64 years old have disabling hearing loss and require accurate closed captions to watch videos.9

To put this in perspective, Internet Explorer has less than 7 percent of the market.10 Yet it’s unlikely that you’d procure a new software system that didn’t work with that browser because it would exclude 7 percent of potential website visitors.

By creating web pages that are accessible and therefore compatible with assistive technologies, you are increasing your audience by about as many people as use Internet Explorer to view your site

Serve your customers where they want to be served.

A recent study by Granicus (http://bit.ly/2KVBiOq) shows that nearly 50 percent of local government web traffic is coming from a mobile phone. Half of your customers clearly want a website to respond to their devices, so they don’t need to pinch and push the screen to navigate through your website.

The good news is that making your site responsive is a key component of the Web Content Accessibility Guidelines (WCAG), the standard that your website is being held to.11 MARCH 2019

While responsive design is a part of the version 2.1 standards and government agencies are only held to version 2.0, you can give everyone what they want, regardless of whether they use assistive technology to access your site, by being mobile-friendly and also staying ahead of the curve on accessibility standards.

Make search engines happy.

Something stuck with me during my accessibility training at WebAIM. Instructor Jared Smith said something to the effect of “Google’s crawler can’t see or hear, so if your content isn’t formatted to be accessible, it’s not likely to be optimally indexed by Google.”

When you look at it that way, following accessibility leading practices will likely lead to your pages turning up higher in search results. Considering that about a third of all search result clicks12 are on the first result and nearly 100 percent of clicks are on the first page, anything you can do to move up the page will improve your website presence and traffic.

My suggestions here will focus on Google because it has more market share in the United States13 than all other search engines combined: •

Upload transcripts of meeting videos. Many agencies put videos of official meetings on YouTube and rely on the automatic closed captioning to make them accessible to people with a hearing disability instead of uploading a transcript. YouTube’s automatic closed captioning, however, is not very accurate.14

Google will crawl the transcript you upload with your video, looking for content to add to its search results. A study found that transcripts will also benefit you: views increase by 13.5 percent in the first two weeks after adding a transcript.15 If you’re putting videos on the web to be seen, a 13.5 percent increase is a big benefit for most government agencies.

•

Use more descriptive text on links and add descriptive text to images. By now, you should know that, in general, using “click here” or “see more” as the text on a link are generally compliant16 with WCAG standards, but not accessible.17 Adding more descriptive language in the link benefits your agency as well as improves accessibility. That’s because Google will rank it higher18 when it crawls your site because it provides additional context over a generic “click here.”

Similarly, adding descriptive text to images (i.e., “alt text” or “alt tags”) when you upload an image gives Google’s 31

crawler context about that image. Putting an alt text of “Mayor Mary Jones” on the photo of Mayor Jones will add data and relevance about the image, improving the search result of your photo for those who are looking for the Mayor.

•

Properly structure your headers. This is a basic practice of web accessibility because it provides context for sections of the page. Separating your page’s content by creating headings that are larger, bold, or a different color are not substitutes for proper formatting. Instead, use your website’s content management system header functionality to format the text that you use to break up your content.

By some accounts, this practice gives Google’s crawler a better sense of what content is on the page,19 further improving its rank in the search results. If “apply for a permit” is in a header, Google’s crawler believes that it is a more relevant result for people looking for a permit compared to when that same text is simply in the text on the page but bold and a larger font.

Other Benefits of Captioning Videos Increasing search results in Google is a great way to motivate your website editors to follow accessibility guidelines. Unlike words on a page, making your videos accessible with accurate captions has an added benefit of increasing your reach. Here are examples:

Televisions in public areas. Some local governments put a television in the lobby of a public building or the waiting room of a department. Showing your meeting videos is a great way to entertain and educate waiting customers, but the facility often can be noisy.

Captions allow you to showcase your videos without having to turn up the volume on the television. If your source is on your public access channel, you’ll need to add a closed-captioned transcript. If you’re using a YouTube stream, you’ll need to edit the automated captions to ensure no one sees any embarrassing errors.

Social media. Sharing your agency’s videos on social media is also a great way to build an audience because you can leverage the networks of your viewers. Captioning videos accurately allows your social media followers to watch the video without volume, a factor critical to those who don’t want to have everyone around them know what they’re watching.

Teaching through video. Research demonstrates20 that something read and heard is retained better than if it’s just read. Adding captions to videos that you want people to remember, like “stop, drop, and roll” fire safety videos, will increase a viewer’s likelihood of remembering the information.

32

Local government leaders know that they must do the right thing on web accessibility to be legally compliant and want to motivate their staff to do so. Website editors shouldn’t need a reason other than “Because I asked you to” and “It’s the law.”

If that doesn’t work and “It’s the right thing to do” doesn’t either, focus on their self-interest by saying “It’ll make your pages better and more widely viewed.” Content creators and people who update websites ultimately want their words and media to be read, understood, and appreciated by the widest possible audience. PM Endnotes and Resources 1https://www.ada.gov/ada_title_II.htm 2https://webaim.org/blog/motivating-accessibilitychange 3www.d.umn.edu/~lcarlson/wcagwg/settlements/aa.html 4https://www.w3.org/WAI/GL/wiki/Legal_Settlement_Agre ements_that_Reference_WCAG 5 h t t p s : / / w w w. j u s t i c e . g o v / o p a / p re s s release/file/1022691/download 6https://www.statista.com/statistics/544400/market-shareof-internet-browsers-desktop 7http://www.tulane.edu/~sanelson/Natural_Disasters/imp acts.htm 8https://nfb.org/blindness-statistics 9 https://www.nidcd.nih.gov/health/statistics/quickstatistics-hearing 10 https://www.statista.com/statistics/544400/marketshare-of-internet-browsers-desktop 11https://webaim.org/standards/wcag/WCAG2Checklist.p df 12 https://www.smartinsights.com/search-engineoptimisation-seo/seo-analytics/comparison-of-googleclickthrough-rates-by-position 13 https://www.statista.com/statistics/267161/marketshare-of-search-engines-in-the-united-state 14https://www.youtube.com/watch?v=SrApzuyirvs 15 https://www.3playmedia.com/customers/casestudies/discovery-digital-networks 1 6 h t t p s : / / w w w. w 3 . o rg / T R / U N D E R S TA N D I N G WCAG20/navigation-mechanisms-refs.html 17https://webaim.org/techniques/hypertext 18https://support.google.com/webmasters/answer/114016 ?hl=en 19https://www.postmm.com/seo/technical-seo/h1-and-h2header-tags-and-how-they-affect-seo 20 https://www.psychologytoday.com/us/blog/ulteriormotives/201005/say-it-loud-i-m-creating-distinctivememory

Martin Lind is vice president of services and business development, Granicus, El Segundo, California (martin.lind@granicus.com). Granicus is an ICMA Strategic Partner.

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Supreme Court Midterm for Local Governments

By: Lisa Soronen, State and Local Legal Center, Washington, D.C.

The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments. *Indicates a case where the SLLC has filed or will file an amicus brief.

The Supreme Court’s docket for its current term is set. The most interesting case the Supreme Court has agreed to hear for local governments (and more generally) will be heard next term. In New York State Rifle & Pistol Association Inc. v. City of New York, New York* the Court will decide whether New York City’s ban on transporting a handgun to a home or shooting range outside city limits violates the Second Amendment, the Commerce Clause, or the constitutional right to travel. This term, in addition to a number of cases covered in the SLLC’s Supreme Court Preview for Local Governments article, the Court will decide a religious display on public land case, a significant procedural employment case, and a case involving money damages against a local government employee who allegedly fabricated evidence used in a trial.

“immense size and prominence of the Cross” “evokes a message of aggrandizement and universalization of religion, and not the message of individual memorialization and remembrance that is presented by a field of gravestones.”

The Fourth Circuit also concluded that the cross fails Lemon’s third prong because it creates an excessive entanglement between government and religion. First, the Commission has spent $117,000 to maintain and repair it.

In 2008 it set aside an additional $100,000 for renovations.

“Second, displaying the Cross, particularly given its size, history, and context, amounts to excessive entanglement because the Commission is displaying the hallmark symbol of Christianity in a manner that dominates its surroundings and not only overwhelms all other monuments at the park, but also excludes all other religious tenets.”

The question the Supreme Court will decide in Fort Bend County v. Davis* is if an employee fails to exhaust

In Maryland-National Capital Park and Planning Commission v. American Humanist Association* the Supreme Court will decide whether a local government has violated the First Amendment by displaying and maintaining a 93-year-old, 40-foot tall Latin cross memorializing soldiers who died in World War I.

The Fourth Circuit applied the so-called three-prong Lemon test, as modified by the Supreme Court’s most recent monument decision Van Orden v. Perry (2005), to conclude that the government display and maintenance of this cross violates the Establishment Clause.

The lower court first concluded that the cross has a secular purpose thus passing the first prong of the Lemon test.

Specifically, the Commission obtained the cross to maintain safety near a busy highway intersection and preserves the memorial to honor World War I soldiers.

But the Fourth Circuit concluded that a reasonable observer would understand this cross to advance religion.

The Latin cross is the “preeminent symbol of Christianity.”

While the cross has secular elements (like the words valor, endurance, courage, and devotion inscribed on its base and a plaque at the base listing the memorialized soldiers), the 34

SOUTH DAKOTA MUNICIPALITIES

administrative remedies with the EEOC before filing a lawsuit is the lawsuit barred.

Lois Davis claims she was fired for not reporting to work on a Sunday (she attended a church service), in retaliation for reporting that she was sexually harassed and sexually assaulted by a superior. She filed sexual harassment and retaliation charges with the Texas Workforce Commission.

After investigating, the Commission told her she could sue and she brought a retaliation and religious discrimination lawsuit.

Fort Bend pointed out she didn’t exhaust her administrative remedies by filing a charge of religious discrimination with the Texas Workforce Commission.

Fort Bend argues that administrative exhaustion is a jurisdictional requirement of Title VII, meaning if an employee fails to satisfy it a court cannot hear the case.

Davis argues that exhaustion is a “waivable claimprocessing requirement” and that Fort Bend waived it by waiting five years “and an entire round of appeals all the way to the Supreme Court” before raising it.

MARCH 2019

The Fifth Circuit held that the failure to exhaust administrative remedies is a waivable rule not a jurisdictional rule that would bar the lawsuit from proceeding. The lower court reasoned: “Here, Congress did not suggest—much less clearly state—that Title VII’s administrative exhaustion requirement is jurisdictional, and so we must treat this requirement as nonjurisdictional in character. The statute says nothing about a connection between the EEOC enforcement process and the power of a court to hear a Title VII case.”

The issue the Supreme Court will decide in McDonough v.

Smith is whether the statute of limitations for a due process fabrication of evidence claim begins to run when the criminal proceedings terminate in the defendant’s favor, or when the defendant becomes aware of the tainted evidence and its improper use.

Edward McDonough, former Democratic Commissioner of Rensselaer County Board of Elections, approved forged absentee ballot applications which he claims he didn’t know had been falsified.

35

Youel Smith investigated and prosecuted McDonough.

McDonough claims Smith “engaged in an elaborate scheme to frame McDonough for the crimes by, among other things, fabricating evidence.”

After two trials, McDonough was ultimately acquitted.

Just before three years passed since McDonough was acquitted he sued Smith under Section 1983 for violating his due process rights by fabricating evidence and using it against him.

The Second Circuit held that McDonough’s due process claim was time barred because the three-year statute of limitations started running when the fabricated evidence had been disclosed to him (as late as the end of his first trial), not on the day of his acquittal.

McDonough argued his claim was most analogous to a malicious prosecution claim, which does not accrue until a favorable termination of the prosecution.

But according to the Second Circuit: “Because the injury for this constitutional violation occurs at the time the evidence is used against the defendant to deprive him of his liberty, whether it be at the time he is arrested, faces trial, or is convicted, it is when he becomes aware of that

tainted evidence and its improper use that the harm is complete and the cause of action accrues. Indeed, the harm—and the due process violation—is in the use of the fabricated evidence to cause a liberty deprivation, not in the eventual resolution of the criminal proceeding.”

Conclusion

At the time of publication it is possible the Supreme Court will get involved this term in a dispute over the census. In January, a federal district court held that a question about citizenship may not be included in the 2020 census. The federal government has asked the Supreme Court to rule on this question right away rather than let the Second Circuit weigh in because the census questionnaire must be printed soon. As of early February the Supreme Court had not indicated whether it will hear this case this term.

Federal district court Judge Furman explains why the census is so important to local governments: “[The census] is used to allocate hundreds of billions of dollars in federal, state, and local funds. Even small deviations from an accurate count can have major implications for states, localities, and the people who live in them — indeed, for the country as a whole.” .

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State Historical Society Awards Four Historic Preservation Grants

Historic preservation projects in Deadwood, Lead, Sioux Falls and Watertown have received matching grants from the South Dakota State Historical Society.

“This historic preservation grants program is designed to encourage restoration or rehabilitation of historic properties and is one more way we can promote and protect our history and culture,” said Jay D. Vogt, director of the State Historical Society. “In 2018 we awarded $117,000 among 10 projects which had matching funds of $580,106. The resulting total public-private investment is $697,106.”

The grants are awarded through the State Historical Society’s Deadwood Fund grant program. Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state. The program is administered by the society’s State Historic Preservation Office at the Cultural Heritage Center in Pierre.

The following projects were the most recent to receive grants to supplement their work: • Deadwood (Lawrence County): Pearson Cabin, built around 1876; received $15,000 to complete cabin restoration • Lead (Lawrence County): Homestake Opera House, built in 1914; received $12,500 to complete final design documents for the restoration of the theater • Sioux Falls (Minnehaha County): Grand Lodge and Library of the Ancient Free and Accepted Masons, built in 1924; received $12,500 for comprehensive facade masonry repairs • Watertown (Codington County): Olive Place, built in 1887; received $10,000 for roof restoration to replace asphalt shingles with wood shingles

These new recipients represent a total award amount of $50,000 and matching funds of $347,400. The total anticipated public-private investment is $397,400. These figures are reflected in the 2018 statistics above.

Deadwood Fund grants are awarded twice a year with grant application deadlines of Feb. 1 and Oct. 1. They are reviewed at the spring and winter meetings of the State Historical Society’s board of trustees. For more information on the Deadwood Fund grant program, contact MARCH 2019

the State Historic Preservation Office at the Cultural Heritage Center, 900 Governors Drive, Pierre, SD 575012217; telephone 605-773-3458; or website history.sd.gov/preservation/fundingopportunities.aspx.

SDML Directory Changes Brookings

Harrisburg Hayti Highmore

Hitchcock

Lennox

Marion

McIntosh

Milbank Sisseton

Utica Wentworth

Delete: BDG Greg Pearson Add: FO Erick Rangel BDG TJ Chandler

Delete: PWD Dan Fink Add: PWD Toby Huizenga

Delete: PC Tristan Molitor Add: PC Brooke Reidburn

Add:

CM Rich Paynter

Add:

FO Denise Hanson

Delete: PR Edward Waldner T Ray Wright Add: PR Ray Wright T Sharon Tschetter Add:

FO Alicia Petersen

Delete: FO Mandy Mollman CM James Jordan Add: FO Rita Frank CM Greg Mollman

Delete: ADM/AIR Jason Kettwig Add: ADM/AIR John Forman CM Scott Hoeke Delete: AIR John Lotzer STS John Lotzer Add: AIR Myron Doud STS Myron Doud Delete T James Rye Add T Joyce Diede

Delete: T Jim Spielman (deceased) Add: T Ryan McManus

Email Directory changes to lisa@sdmunicipalleague.org.

Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2018-2019 Directory of Municipal Officials.

37

Risk-Sharing

The emerald ash borer kills every tree it attacks, none survive the infestation. The insect is also adapted to our climate having come from a similar climate in Asia. There is no reason to think that our ash trees will be spared. It will kill them as quickly as it has in the other states.

The emerald ash borer has finally been confirmed in South Dakota. This is not too surprising considering it was discovered in Iowa and Minnesota in the past decade, eastern Nebraska the past year and Winnipeg just six months beforehand. We were due.

We have been awaiting the arrival of this invasive threat since its initial discovery in the Detroit Michigan area back in 2002. The borer was discovered that year as the cause for the recent loss of thousands of ash trees throughout the Detroit metro area. At first no one knew where the insect was from, but entomologists traced it back to the forests of Northeastern China. Since 2002 the insect has spread to more than 30 states and the adjacent Canadian provinces.

Almost 100 million ash trees have been killed in North American by this insect.

The insect is not a threat to the forest of China. It is native there and if a tree is healthy, the beetle cannot successfully attack it. However, once the insect arrived in our country, it found hosts â&#x20AC;&#x201C; black ash, green ash and white ash â&#x20AC;&#x201C; that have no defenses against the borer and are easily attacked and killed.

The emerald ash borer is a notable concern to South Dakota as our state has one of the highest populations of ash trees. Ash is about 30 to 40 percent of the shade trees in our towns and cities and about 20 to 30 percent of the trees in the shelterbelts across the state. We have planted far too many ashes in the state and are about to pay dearly for this mistake.

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38

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While the borer has only been confirmed in Sioux Falls, most likely it will spread into the surrounding counties within five years and be in the Black Hills and most of eastern South Dakota within a decade and cover the entire state within 20 years. In its wake will be thousands of dead ash trees.

The emerald ash borer takes about five years of repeated attacks to kill a tree. They leave once the tree is dead as it no longer can provide suitable food for their young, the white, worm-like, larvae that feed just beneath the bark.

Once the tree dies, it falls very quickly, and this is a major problem when managing emerald ash borer.

Trees killed by emerald ash borer have been described in two words, brittle and unpredictable. The wood quickly dries out, much faster than what typically occurs with dying trees, and this dramatically reduces the wood strength. Cutting a dead ash down has generally been a relatively safe task, for those trained in tree felling, but now we will be faced with trees that may collapse when the saw first starts cutting into the wood, rather than after the notch and back cut have been finished.

There have been instances in other states where trees killed by emerald ash borer have collapsed when a pull rope has been attached, even before the cuts have been started.

These trees have also fallen just due to the machinery, such as aerial lifts and chippers, that have been driven up to the tree and the soil vibrations have been enough to cause the failure.

Since the roots die before the top does, chain saw operators have also had the entire tree uproot while they are attempting to fell it. Many tree companies out East do not remove infested trees that have 50 percent dieback. The only safe means of removing trees that are standing dead or have more than 50 percent dieback due to the beetles is to push the trees over.

Therefore, now is the time for action in communities across the state. Since the beetle will be found in every community within the next 5 to 20 years, now is the time to begin remove unwanted ash trees. There are very effective treatments to protect ash trees from the borer but these need to be repeated every two years for an indefinite period â&#x20AC;&#x201C; essentially the lifetime of the tree. Most ash tree owners do not continue treating much beyond six years and most communities do not have the funds to commit to the long-term injections of their ash.

SOUTH DAKOTA MUNICIPALITIES

If the trees are not going to be treated, now is the time to begin the gradual process of remove ash trees. Sioux Falls is already beginning to remove ash trees that are not infested as well as the infested ones. The plan is to cut as many trees as possible now, so they can avoid having to remove thousands of trees in a short period.

The “death curve” as it is called, the accumulative loss of ash trees in a community over time starts very slowly and speeds up. Sioux Falls has about 85,000 ash trees. They have lost about 300 trees to the borer so far. If they do nothing, they will lose about another 12,000 over the next four or five years. This is certainly manageable for the city to handle, removing about 3,000 trees per year. However, the real problem comes later.

The curve quickly climbs after four or five years, and the remaining 75,000 trees will be infested and killed within the following three to four years, about 20,000 trees lost per year! This is far more than a city can handle and if they do not keep up with removals, they will have standing dead trees falling into the streets – not an acceptable situation.

Sioux Falls is planning to get ahead of this curve by removing infested trees and healthy ash trees that no one is planning to treat. Doing so now will help them avoid being overwhelmed by removals five or so years from now.

Other communities should consider beginning soon as well. A town with 2,000 street and park ash trees could start removing 200 a year now and perhaps have the job completed before the borer arrives in their community or already made a significant reduction in numbers.

That is far better than suddenly being faced with the removal of all the trees within five years or so, 400 to 500 a year and having many of those be dangerous fells as they are already infested.

The beetle has arrived in our state and it will kill every untreated ash tree in every South Dakota community. Now is the time to begin putting plans into action.

Dr. John Ball currently serves SDSU Extension as a resident forestry specialist. He regularly shares his expert advice both in articles on the iGrow website and on YouTube through a series of informational videos on forestry and gardening.

Risk-Sharing News Continued on page 48...

MARCH 2019

39

Washington Report:

By Senator Mike Rounds

USS South Dakota (SSN 790) is the Navy’s newest nuclear submarine, commissioned on Feb. 2, 2019. It is the 17th Virginia-class attack submarine to join the fleet.

It was a true honor to be a part of the commissioning event.

USS South Dakota will play an important role in the mission of our sailors, and it will also serve as a new symbolic link between our state and the Navy. According to the U.S. Navy, it has been designed to fulfill the seven core competencies of the submarine force: anti-submarine warfare, anti-surface warfare, delivery of Special Operations Forces, strike warfare, irregular warfare, intelligence, surveillance and reconnaissance and mine warfare.

This new submarine includes state-of-the-art technology designed to increase stealth, as well as a revised bow and sonar panels that will allow it to better detect and track other submarines in its area. USS South Dakota is a 7,800 ton vessel, is 377 feet long and will be manned by 132 crew members. It can stay at sea for up to three months at a time. Because it is a nuclear attack submarine, it will be armed with four torpedo tubes and can hold 12 Tomahawk cruise missiles that are capable of hitting targets more than 1,000 miles away.

40

USS South Dakota is Navy’s Newest Nuclear Submarine

USS South Dakota is the third commissioned Navy vessel to bear the name of our state. The first was an armored cruiser that was used between 1904 and 1912. The second USS South Dakota (BB-57) was a battleship commissioned in 1942. During World War II, it was vital in blocking Japanese forces from entering Guadalcanal. It was also involved in the Battle of Savo Island, Battle of Philippine Sea, Okinawa and Iwo Jima, earning a total of 13 battle stars. USS South Dakota was present in Tokyo Bay on Sept. 2, 1945, for Japan’s formal surrender. When newspapers or radio stations reported on USS South Dakota during the war, they referred to it as “Battleship X” or “Old Nameless” because the Navy wanted to hide information about the battleship from our enemies.

Several World War II veterans who served aboard BB-57 attended the commissioning ceremony of the newest USS South Dakota. It was very special to have them there to welcome the new submarine to the Navy. We’re thankful to them for their service to our country. We are also thankful to the sailors who will serve aboard the new USS South Dakota.

As a member of the Senate Armed Services Committee, it was truly a privilege to witness the commissioning of this modern attack submarine. We are excited to welcome USS South Dakota to the Navy’s fleet, where it will play an important role in our national security for decades to come.

When BB-57 was launched in 1941, Secretary of the Navy Frank Knox said, “I say to the good ship South Dakota, God go with you, because after all, your mission, the mission for which we built you, is not war, but the prevention of war as God wills.” USS South Dakota SSN 790 and its crew will play a significant role in our national security efforts. It will also serve as a tribute to South Dakotans’ long history of service in our armed forces.

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April 5 - 6 Annual Schmeckfest Freeman

April 19 - 20 Sioux Empire Film Festival Sioux Falls

April 13 Winefest Renaissance Aberdeen

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Forks, Corks and Keg Food, Wine and Beer Festival Deadwood

April 14 - 15 Banff Mountain Film Festival World Tour Rapid City

April 20 Eggstravaganza Rapid City

April 25 - 28 "The Curious Savage" Community Theater Spearfish

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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 March 10 for the April 2019 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-224-8655. Visit www.sdmunicipalleague.org for more classifieds.

ELECTRIC LINEWORKER: Fort Pierre, SD - City of Fort Pierre is seeking applications for a full-time Electric Lineworker. Preference given to Journey Lineworkers.

Detailed Job Description and Applications can be obtained at www.fortpierre.com (Employment Opportunities), or by request at 605-223-7690, admin1@fortpierre.com, or PO Box 700, Fort Pierre, SD 57532. Applications accepted until March 22, 2019. Starting wage $19.35-$30.64 DOQ plus excellent benefits; health/vision/dental/life insurance, vacation/sick leave, and SD Retirement System. The City of Fort Pierre is an affirmative action and equal opportunity employer.

ELECTRICAL SUPERINTENDENT: Arlington, SD The City of Arlington is seeking an Electrical Superintendent to manage the municipal electric system.

Candidates for this position must have successfully completed an approved Electrical Line Worker program and have Journeyman experience. This position requires a strong working knowledge of a municipal electric system, departmental budgeting and a vision for long range electrical system planning. Applicants must be proficient with computers including Microsoft, mapping and AMI systems. The Electrical Superintendent reports directly to the Utility Superintendent. The ideal candidate will display excellent communication, leadership and supervisory skills for this position. Candidates must also demonstrate the ability to engage the general public and address any electrical outages or concerns. Candidates must possess a Class A Driver's license and are subject to random drug and alcohol testing. Salary range from $34.00-$42.00 per hour depending on experience and qualifications, with competitive benefits package. To apply, submit a cover letter, resume, salary history and three work-related references to Sue Falconer, Finance Officer, City of Arlington, PO Box 379, Arlington, SD 57212 or email

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SOUTH DAKOTA MUNICIPALITIES

cityofarlington@arlingtonsd.com. For more information or questions related to this position contact Marshal Mix (Utility Supt) at 605-203-1121 or Sue Falconer at 605-9835251. Position open until filled. EOE.

GOLF COURSE MAINTENANCE SUPERVISOR: Huron, SD - The City of Huron has an opening for a full time Golf Course Maintenance Supervisor. Duties include responsibility for maintenance and operation of city owned golf courses and for snow events at the Airport. Must possess a CDL Class B. Hourly wage of $19.37.

Applications are available online at www.huronsd.com, select "City Government" tab, then "City Employment", at the City Finance Office, 239 Wisconsin Ave. SW, 605-3538505. Position is open until filled. EOE.

IT HELPDESK AND COMMUNICATIONS TECHNICIAN: Sioux Falls, SD - Missouri River Energy services is seeking an IT Helpdesk and Communications Technician. This role will be responsible for providing technical support to end users, troubleshooting issues related to desktop/laptop hardware, Microsoft operating systems, software applications, printers and phones. Using a ticket system, issues will be organized and documented.

This position is also responsible for the acquisition, configuration and deployment of end user hardware, including printers/copiers and mobile devices. Candidate must possess an associate's degree or equivalent work experience. Excellent communication and written skills, general knowledge of Microsoft operating systems, Office and Active Directory. Competitive wages, a comprehensive/low cost benefit package and outstanding work environment provided. For consideration, send your resume and cover letter describing your qualifications for the position to hr@mrenergy.com. Position closes March 8, 2019. EOE.

PART TIME DEPUTY POLICE OFFICER: Burke, SD - The City of Burke is accepting applications for a part time Deputy Police Officer. Salary negotiable based on qualifications. Certification preferred. Benefit package also negotiable. Applicant must be highly motivated with a great work ethic and have the ability to work cooperatively with other agencies, the public and city personnel. Please submit cover letter and resume to City of Burke, Attn: City Finance Officer, PO Box 250, Burke, SD 57532. Resumes can also be emailed to burkecc@gwtc.net. Phone inquiries at 605775-2913. The City of Burke is an EOE.

PLANNING DIRECTOR: Huron, SD - The City of Huron has an opening for a Planning Director. Work involves current and long range planning programs for the City. Acts as the principal staff person for the City Planning Commission and the Huron Board of Historic Preservation.

Salary $61,021-$92,487. Health Insurance, Term Life MARCH 2019

Retirement, Vacation and Sick Leave. Bachelor's degree in Planning or related field with (3) years demonstrated experience in planning and zoning. Application packets available at www.huronsd.com/city-government/cityemployment, City Finance Office, 239 Wisconsin Avenue SW, 605-353-7155, Department of Labor & Regulation, 2361 Dakota Avenue S, 605-353-7155.

CITY MAINTENANCE ASSISTANT: Emery, SD - The City of Emery is taking applications for a Part Time City Maintenance Assistant. Job duties would include assisting the Maintenance Supervisor with garbage routes, snow removal and other jobs as assigned. This position is approximately 10-20 hours per week with additional hours during busy months. Pay is dependent on experience.

Opened until filled. Please submit application to the City of Emery office at 560 SD Hwy 262, Emery, SD 57332 or email to emerycity@triotel.net or mail to PO Box 38. EOE.

STREET MAINTENANCE LEAD WORKER: Fort Pierre, SD - The City of Fort Pierre is seeking applications for a full-time Street Maintenance Lead Worker.

Applications can be obtained from www.fortpierre.com (Employment Opportunities), or by request at 605-2237690, admin1@fortpierre.com, or PO Box 700, Fort Pierre, SD 57532. This position will participate in and oversee the construction, maintenance, repair, rehabilitation, and cleaning of city streets, alleys, curbs, gutters, storm drains, and related structures. Perform traffic signing and striping work along with operating and maintaining a variety of equipment and hand/power tools. Ensure work quality and adherence to established policies and procedures, with emphasis on safety and quality. Applications accepted until March 22, 2019. Starting wage $21.65 - $25.00 DOQ plus excellent benefits; health/vision/dental/life insurance, vacation/sick leave, and SD Retirement System. The City of Fort Pierre is an affirmative action and an equal opportunity employer.

Visit www.sdmunicipalleague.org classifieds..

for

additional

w w w. i n t e r s t a t e e n g . c o m 316 S. Coteau, Ste. 300, Pierre / (605) 224-4380 123 E . Jackson,, Ste. 1,, Spearfish p / (605) ( ) 642-4772 transportation/water/sewer/funding/planning anning/surveys/project management

47

Risk-Sharing I hope you found Dr. John Ball’s article regarding the Emerald Ash Borer both interesting and informative. He is the expert on this subject and has been speaking to groups all over the country.

The reason for this bulletin is to emphasize the pending devastation to ash trees in South Dakota and to inform cities about the risk management strategies that should be considered to keep your employees safe. I had a lengthy discussion with Dr. Ball about the dangers of cutting down ash trees that have been killed by the Emerald Ash Borer and what safety measures are being taken in other states.

The first consideration for your city is whether you want your employees to handle the tree removal or should you hire a licensed arborist to handle it for you? The easy answer, from a safety perspective, is to contract out tree removal services to an independent contractor. Tree removal is an unpredictable and dangerous job regardless if the tree is dead or alive. If your employees are not trained arborists, then the prudent risk management decision is to contract that work to a trained professional.

If you have employees who are trained arborists that are properly equipped with the appropriate tools and personal protective equipment (PPE), then the next consideration is the additional cost to your city to remove dozens, hundreds or even thousands of ash trees. Because tree removal is such a hazardous duty, the rate for workers’ compensation coverage is much higher than most classifications. If your employees are doing tree removals, regardless of their job title, the proper payroll classification to perform tree removal is Code 0106 with a rate of $26.39 per $100 of payroll. For example, if your employee earns $40,000 per year and $10,000 of that payroll is performing tree removal, then the cost for workers’ compensation coverage for that one employee to do tree removal is $2,639.

Other considerations include the cost of training, equipment, parts and repairs, disposal of debris and the potential cost of work-related injuries. Based on past experience, we know that injuries associated with tree removal can be significant, which explains why the rate for that classification for workers’ compensation coverage is more expensive. If a costly injury occurs, it can affect the overall cost of workers’ compensation coverage for your entire city, not just the department doing tree removal. The more a claim costs, the more it has the potential to increase 48

your Experience Modifier, which is a direct result of the frequency and severity of your claims history. Depending on your claims history, you could pay upwards of 15% 20% more for your workers’ compensation coverage.

There have also been several studies done on direct and indirect costs related to workers’ compensation claims.

Direct costs are covered by workers’ compensation while indirect costs are costs that are not covered and can directly impact your budgets. Some experts claim that for every $1 covered by workers’ compensation, there can be as much as $3 to $6 in indirect costs incurred. Examples of indirect costs include training replacement employees, overtime, accident investigation and implementation of corrective measures, lost productivity, repairs of damaged equipment and property, and costs associated with lower employee morale and absenteeism. This is important because of the potential affect it can have on the budgets for all departments.

The most important consideration is the safety of your employees. The best claim is one that never happens. The risk management technique of avoidance is the best practice when it comes to keeping employees safe from the dangers of tree removal. We understand that elected officials and department heads care about their employees and want them to go home at the end of the day to enjoy time with family and friends. A work-related injury not only affects the employee but can also affect their family and co-workers. All jobs have a potential risk for injury, but some carry a higher risk than others. Tree removal is one of them.

As your city prepares to address the Emerald Ash Borer, please consider hiring trained arborists to perform tree removal. If you choose to handle part or all of the tree removals, please invest in training, proper equipment and PPE for each employee that will be performing these tasks.

We are researching the possibility of instructor-led classes on chain saw and tree trimming safety in 2019, if there is enough member interest. The SDML Workers’ Compensation Fund also has two videos available through the Aurora Pictures streaming video program that addresses chain saw and tree trimming safety. Those are #3173 Chain Saw Safety and #3814 Tree Trimming Safety.

These videos are available on our Home page at www.sdmlwcfund.com, click “Streaming Videos” in the Quick Links section. If you are not sure if you are signed up for this free service, please contact Brad Wilson at info@sdmlwcfund.com or Doug Kirkus at dkirkus@safety-benefits.com. If you have any questions, we will be happy to assist you. Take care and be safe.

Telephone 800-233-9073 – Fax 605-275-6193 – Email: info@sdmlwcfund.com Brad Wilson, CIC, AIC, SDWCS Administrator for SDML Workers’ Compensation Fund Insurance Benefits, Inc.

SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S

3 10 17

24

M

4 11 18 25

March 2019 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

S

7 14 21

28

M 1 8 15 22 29

April 2019 T W T 2 3 4 9 10 11 16 17 18 23 24 25 30

F 5 12 19 26

S 6 13 20 27

March

Not later than the third Monday in March â&#x20AC;&#x201C; A copy of the assessment roll must be furnished to each requesting municipality. (SDCL 10-3-28; See Hdbk., sec. 12.105)

Third Monday of March (Equalization meeting) â&#x20AC;&#x201C; The governing body and the finance officer together representing the municipality with a member of the school board are required to meet for the purpose of equalizing the assessment of property. The Equalization Board may adjourn from day to day until the process has been

completed within five days. (SDCL 10-11-13, 10-11-14; See Hdbk., sec. 12.120)

On or before the fourth Monday of March â&#x20AC;&#x201C; After completing the equalization the clerk of the equalization board is required to deliver the assessment roll to the county Director of Equalization. (SDCL 10-11-21; See Hdbk., sec. 12.120)

At least six days prior to the last Tuesday of March â&#x20AC;&#x201C; The county director of equalization must publish a list of all tax exempt property in the county. This publication must be in the official newspapers of the county. (SDCL 10-4-15.1; See Hdbk., sec. 12.105) On or before March 31 â&#x20AC;&#x201C; The Urban Renewal Agency is required to file a report of its activities with the governing body. The report must include a complete financial statement for the preceding year. (SDCL 11-8-47) The Urban Renewal Agency must file a similar report with the Auditor-General on or by the same date. (SDCL 11-8-48; See Hdbk., sec. 14.200, The Urban Renewal Agency)

April election â&#x20AC;&#x201C; Follow the Municipal Election Calendar for all election deadlines

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Second Tuesday of April – Annual elections for the officers of a municipality are required to be held. (SDCL 9-13-1; See Hdbk., sec. 7.050) A municipality may combine its election with a school district election and hold this election on the school election date (third Tuesday in June) or on the first Tuesday in June, or in conjunction with the June primary. (SDCL 9-13-1.1; 9-1337; 9-13-6)

Second Tuesday in April – The consolidated board of equalization meets and completes equalization in no more than three weeks. (SDCL 10-11-66 through 10-11-76; See Hdbk., sec. 12.120)

Within two days after the election is declared – The finance officer must notify all persons elected to office.

The officials elected to office then have ten days after the first meeting of the month next succeeding the election to qualify for the office by filing an oath or affirmation of office. (SDCL 9-13-28) 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)

Within seven days following the election – Election returns are to be canvassed. (SDCL 9-13-24; See Hdbk., sec. 7.600)

Three weeks from Election Day – If a municipality has passed an ordinance requiring a secondary election and no candidate in a race involving three or more candidates receives a majority of the votes cast, a secondary election shall be held three weeks from the date of the first election.

Provisions for tie votes in the first election are also provided for. The person receiving the highest number of votes at the secondary election is elected. (SDCL 9-1326.1; See Hdbk., sec. 7.600) June elections – Follow the Municipal Election Calendar for all election deadlines.

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.

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