South Dakota Municipalities - March 2020

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Tom Grimmond

Toby Morris

Sioux Falls, South Dakota | Phone 605.339.9800 | 800.339.1111 tgrimmond@doughertymarkets.com Pierre, South Dakota | Phone 605.224.5557 | 877.224.5557 tmorris@doughertymarkets.com Member SIPC/FINRA

Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

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

2nd VICE PRESIDENT Amy Leon City Manager, Yankton

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

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

Features

Contents

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

SoDACE Spring Training Conference . . . . . . . . . . . .7

GOSCMA Spring Conference . . . . . . . . . . . . . . . . . . . .8

Finance Officer of the Year Nomination Form . . . . . . .9

Scholarship Funds Available . . . . . . . . . . . . . . . . . . .10 It’s Almost Time . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Inaugural Rapid City Youth City Council Members Take Oath of Office . . . . . . . . . . . . . . . . .14

Houseman Awarded Municipal Office Person of the Year by SDARWS . . . . . . . . . . . . . . . .16

Dist. 4 - Becky Brunsing City Administrator, Wagner

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

Karl Alberts Finance Officer, Aberdeen

Dist. 6 - Leland Treichel Mayor, Roscoe

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

Christine Erickson Councilmember, Sioux Falls

Dist. 8 - Harry Weller Mayor, Kadoka

NLC Releases Cybersecurity Report . . . . . . . . . . . .32

Dist 10 - Michelle DeNeui Finance Officer, Spearfish

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

TRUSTEES Fay Bueno Finance Officer, Sturgis Carolynn Anderson Finance Officer, Wall Harry Weller Mayor, Kadoka

PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City

Dist. 5 - Renae Phinney President, Ree Heights Dist. 7 - Dave Geisler Mayor, Murdo

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

FLSA Child Labor Regulations Refresher . . . . . . . . .18

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

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

Columns

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .34 Washington Report: Senator Rounds . . . . . . . . . . . . .36

In Every Issue

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

City Highlight - Highmore . . . . . . . . . . . . . . . . . . . . 13

Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .38

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .45

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 2020

VOLUME 86, 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 Roslyn, Elkton, Vermillion, Plankinton, St. Lawrence, Groton, Akaska, Philip, New Underwood, and Belle Fourche. We find such great events and sites in each town, 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 3 and 4; Building Officials ICC Code Officials Institute Program April 7 and 9; Street Maintenance Association meeting April 15-16; Police Chiefs’ Association and Sheriffs’ Joint Meeting April 21-23; and Code Enforcement Workshop May 13-14. Plans are also well underway for the annual Finance Officers’ Schools 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

March is upon us and hopefully Spring is around the corner. As we receive this month’s issue of the magazine, I hope that it finds you all pleased with the results of the legislative session. Thank you to Yvonne and staff for their continued efforts in fighting for what is best for our cities and towns. Yvonne’s weekly updates keep us “in the know” and allow us the opportunity to be proactive instead of reactive. So often we don’t stay informed and end up reacting to bills that have passed instead of taking the step to try and stop a bill, before it becomes a law. We all have matters that are near and dear to our hearts and our communities, never be afraid to be the voice on an issue. Many of you attended the Legislative Rib Dinner and Municipal Day at the Legislature in February, both wonderful occasions to speak with your local legislators on those issues that matter most. Thank you to all who joined us!

I also want to take this opportunity to encourage you to register for and attend your district meetings. Attending

MARCH 2020

district meetings is a great way to get in-depth knowledge of the latest legislative session, what passed, what didn’t and what we may be able to expect next year. It also gives you the opportunity to learn about what the League has planned for the coming year, express ideas or discuss issues your community might be facing, with other attendees and League staff. I am looking forward to attending these meetings and to have the opportunity to visit 10 great communities in South Dakota.

Debbie Houseman President

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SD Municipal Street Maintenance Association Spring Meeting

April 15-16, 2020 | Best Western Ramkota Hotel & Conference Center | Rapid City, SD Thursday, April 16

Wednesday, April 15

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

1:30 to 2:00 2:00 to 2:30

2:30 to 3:00 3:00 to 3:20 3:20 to 4:00

4:00 to 5:30

5:30 to 7:00

Registration Fee:

Welcome and Business Meeting Gallery D

Cement Stabilized Subgrade Alex Fisher, PE, FMG Engineering

LEAN Process - Street Sweeping Dan Whipple, Street Maintenance Supervisor, City of Sioux Falls Bob Hendrix, Fleet Lead Mechanic, City of Sioux Falls

7:00 to 8:00 am Breakfast Buffet Sheridan & Pactola 8:00 to 8:30

8:30 to 10:00

Break in Exhibit Area Sheridan & Pactola

SD Parks & Recreation Assoc. Kristi Lintz, President, SD Parks & Recreation Association

The Monsters I’ve Killed: Crisis Communications for Municipalities Heather Hitterdal, Owner, H Squared Communications Vendor Lightning Rounds

Exhibit Area Social Sheridan & Pactola *Featuring a highly competitive beanbag toss competition

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

11:00 to Noon

SDMSMA Member NO FEE and Non-member $65.

A Report from the Future: The Five Powers Malcom Chapman, President & Founder, Chapman Group

Pre-wet/Pre-treat Operations Inclement Weather Considerations Dale Pfeifle, Superintendent, Rapid City Streets Division Byorn Kleven, Sales Territory Manager, Force America Matt Bunkers, Science and Operations Officer, National Weather Service, Rapid City Break in Exhibit Area Sheridan & Pactola

Proper Fuel Storage and Fuel Site Equipment Maintenance Jeff Flaten, Fleet Supervisor, City of Sioux Falls

Roundtable Discussions • Technology to: - Manage Infrastructure - Engage Community - Create Efficiencies - Manage Equipment • Employee Work Clothing Options

Accommodations: A block of rooms has been reserved at the Ramkota Hotel at a rate of $75.00 + tax. Be sure to mention you are with the Street Maintenance Association. **IMPORTANT: to guarantee this rate your reservation must be made by March 15, 2020.

REGISTRATION

Street Maintenance Association Meeting • April 15-16, 2020

Municipality _____________________________________________________________________________________

Name

Title

Email

_______________________________ ____________________________________ ___________________________ _______________________________ ____________________________________ ___________________________

Return registration with payment by April 1, 2020 to: No refunds will be given after April 1, 2020.

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

SD Association of Code Enforcement (SoDACE) Information and Training Conference May 13-14, 2020 • Drifters Conference Center • Fort Pierre, SD

Wednesday, May 13

12:30 - 1:00 p.m. Registration

1:00 - 1:30 p.m. Welcome and Business Meeting *AACE Conference Report from Shane Smith, 2019 scholarship winner

1:30 - 2:30 p.m. Code Enforcement and Law Enforcement Partnerships Officer Kyle Johnson, Community Resource Officer, Sioux Falls PD Officer Brady Lieuwen, Community Resource Officer, Sioux Falls PD

2:30 - 2:45 p.m. Break

2:45 - 4:00 p.m. A.L.I.C.E. Training (Active Shooter) Trooper Zach Bruzelius, South Dakota Highway Patrol

4:00 - 5:00 p.m. ADA Requirements for Municipalities Terry Johnson, Engineering Projects Supervisor, City of Mitchell 5:00 - 7:00 p.m. Social and Code Officer of the Year Banquet Thursday, May 14

*Hospitality Room at AmericInn will open at 7:00 p.m.

9:00 - 10:00 a.m. Marketing your Code Program in Your Community Mike Olson, Olson Consulting Contracting Services

10:00 a.m. to 12:00 p.m

Registration Fee:

Discussion on Nuisance Problems and Solutions • Authority to Access Property for Inspection and Photos • Entry onto Property for Abatement • Bring your questions for discussion! Ryan Sage, Assistant City Attorney, City of Sioux Falls David Pfeifle, Director, South Dakota Public Assurance Alliance Advance Registration: $50 for SoDACE members; $90 for non-members On-Site Registration: $60 for SoDACE members; $100 for non-members A Registration form can be found at www.sdmunicipalleague.org/sdmlevents

Accommodations: A block of rooms has been reserved at the AmericInn (605-223-2353) at a rate of $115.99 + tax. Be sure to mention you are with the South Dakota Municipal League. **IMPORTANT: to guarantee this rate your reservation must be made by April 12, 2020.

GOSCMA (Great Open Spaces City Management Association) Spring Conference May 26-29, 2020 • Spearfish Holiday Inn • Spearfish, SD

Tuesday, May 26 3:00 p.m.

9 Hole Round of Golf Elkhorn Ridge Golf Course 6845 St. Onge Rd., Spearfish, SD

Dinner - On your own

Wednesday, May 27

7:30 - 8:00 a.m. Registration

8:00 - 9:00 a.m. History and Framework of Collective Bargaining in the USA • The major legislative guides, and what you can’t ignore • The major difference between Public and Private Sector “rules of engagement” Shane Davis, Commissioner, Federal Mediation and Conciliation Service

9:00 - 10:30 a.m. Introduction to the Interest Based Model of Collective Bargaining • The Affinity Model of Economic Bargaining

10:30 a.m.

Break

12 - 1:00 p.m.

Lunch

10:45 – Noon

1:00 p.m.

Best Practices and “Survival Strategies” for Negotiating like a Pro Deadwood Tours - Shuttle Departs for Deadwood 1:30 - 3 p.m. - Sanford Underground Research Facility Tour 3-5 p.m. Historic Deadwood Tour

6:00 p.m.

8:30 p.m.

Dinner at Deadwood Social Club 657 Main St. - Above Saloon #10 Shuttle Departs Deadwood

Thursday, May 28

8:30 - 10:00 a.m. Tip of the Spear: A Career Fighter Pilots’ View on Leadership, Work/Life Balance and Best Practices Dusty Lee, Public Works Director, City of Spearfish, Commander in the United States Navy (RET) 10:00 to 10:15 a.m.

10:15 a.m. to Noon

Break

Tackling Wicked Problems Martin Carcasson, Director, Colorado State University, Center for Public Deliberation

Noon - 1:00 p.m Lunch

1:00 - 3:00 p.m. Tackling Wicked Problems: cont. 3:00 - 3:45 p.m. Break

3:45 - 5:00 p.m. Municipal Investment Toby Morris, Dougherty & Co, LLC

5:45 - 8:00 p.m. Dinner - shuttle service to and from Killian’s in Spearfish 539 W Jackson Blvd. Friday, May 29

8:00 - 10:00 a.m GOSCMA Business Meeting

Registration Fee:

Managers/Administrators for cities with population over 5,000: $175.00 Managers/Administrators for cities with population under 5,000: $125.00 Non-Managers/Administrators (assistants, intern, dept. heads, etc.): $125.00 Spouse/Guest: $50.00 **Registration and additional information can be found at www.sdmunicipalleague.org/sdmlevents

Accommodations:

A room block has been reserved at the Spearfish Holiday Inn at a rate of $79.99 + tax. Be sure to mention you are with the SD City Management Association. **IMPORTANT: to guarantee this rate your reservation must be made by April 26, 2020.

Finance Officer of the Year 2020 - 2021 South Dakota Governmental Finance Officers’ Association

2020 - 2021 "FINANCE OFFICER OF THE YEAR" Official Nomination Form All nominations must be submitted in writing by May 1, 2020. The Finance Officer of the Year award will be presented during the 2020 Finance Officers’ School held June 10-12 in Aberdeen.

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, 2020 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

SDCMA Professional Development Scholarship Application Applicant must be a member of the South Dakota City Management Association.

As part of the scholarship, the winner shall share their experience from the professional development/educational activity with the SDCMA membership during the annual Spring Training.

The scholarship fund allows for up to $2,000 per year, which may be awarded to more than one applicant at the discretion of the Board. SDCMA will reimburse the City of the scholarship recipient expenses related to registration, airfare, lodging, transportation, and meals not included in the conference package. Recipient is responsible for keeping all receipts and submitting them to SDML for reimbursement. All reimbursement costs are subject to SDCMA board approval.

Please submit the completed application to SDML, 208 Island Drive, Fort Pierre, SD 57532 or fax to 605-2248655 no later than May 1, 2020, to be considered for the scholarship. Applications can also be emailed to Lori Martinec at martinec@sdmunicipalleague.org.

Outdoor Recreation Projects Funded

Gov. Kristi Noem has awarded a total of $764,430 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: •

• •

• • • •

•

•

Aberdeen – Manor Park Pickleball Court Construction, $88,000 Britton – Baseball Complex Improvements, $100,000 Custer – Herbach Park Master Plan Improvements Phase I, $137,000 Emery – Pool Improvements project, $29,430 Ipswich – Recreation Complex project, $75,000 Menno – Pool Improvements project, $20,000 Mitchell – Dry Run Creek Skatepark Expansion, $53,000 Plankinton – Poolside Park Improvement project, $73,000 Wessington Springs – Pool renovation, $189,000

“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. Noem said. “Their efforts will benefit future generations of South Dakotans.”

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

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SOUTH DAKOTA MUNICIPALITIES

2020 Events Calendar

March 3-4 SD Municipal Electric Association Superintendent-Foreman Conference, Watertown 8-11 NLC Congressional City Conference, Washington, DC 12 SD Airport Management Association Meeting, Rapid City 17 District 1 Meeting, Roslyn 18 District 2 Meeting, Elkton 19 District 3 Meeting, Vermillion 23 District 5 Meeting, Saint Lawrence 24 District 6 Meeting, Groton 25 District 7 Meeting, Akaska 26 District 4 Meeting, Plankinton 31 District 8 Meeting, Philip April 1 2 7 9

15-16

21-23

May 13-14

26-29 June TBD 9-10 10-12 TBD

30

District 9 Meeting, New Underwood District 10 Meeting, Belle Fourche SD Building Officials, ICC Code Officials Institute Program, Rapid City SD Building Officials, ICC Code Officials Institute Program, Sioux Falls SD Municipal Street Maintenance Association Meeting, Rapid City SD Police Chiefs/SD Sheriffs Joint Association Meeting, Deadwood

July 9 17 16-17

Budget Training, Rapid City Elected Officials Workshop, Pierre SD Building Officials’ Association Meeting, Deadwood

August 12-13 Policy Committee Meetings, Fort Pierre October 6 SDML Board of Directors Meeting, Spearfish 6-9 SDML Annual Conference, Spearfish November 18-21 NLC City Summit, Tampa, FL

December 9 Joint SDML Board Meeting with County Association, Pierre

SD Association of Code Enforcement Workshop, Fort Pierre SD City Management Association – GOSCMA Conference, Spearfish SDML Board of Directors Meeting Human Resource School, Aberdeen Finance Officers’ School, Aberdeen SD Municipal Attorneys’ Association Meeting, Pierre Budget Training, Sioux Falls

MARCH 2020

11

It’s Almost Time!

spring and summer activities are not governed by your entity, they should be asked to execute a facility use agreement.

Lynn Bren, SDPAA Director of Member Services

Ahh, the smell of fresh cut lawns, flowers growing in window boxes and in boulevards; the sounds of summer floating in the air. While it may seem like we are months away from these luxuries of summer, they will be greeting us before we know it. If you haven’t already started asking your departments “How are we getting ready for the spring/summer time of the year?” there’s no time like the present.

With the warmer weather brings more opportunities for the use of your public parks and structures for activities such as 4H events, fairs and carnivals, weddings, family reunions and ball games of all types and sizes. Being prepared for the additional events and activities now will save you time and possibly money later.

Each year, we recommend reviewing what types of events would be held at your facilities. When considering the events which will be taking place, you can then review your rental or facilities use policies. We encourage all Members to secure facilities use agreements with those parties who are utilizing public properties, including the parks and shelters.

Facilities use agreements are intended to set out the responsibilities of the parties who are utilizing the property for their personal benefit. The agreements are used to transfer the risk away from your entity and back to the party who is utilizing the property. When reviewing and discussing the facilities use agreements, you should consider appropriate hold harmless and indemnification language. If you would like some sample language, you can visit our website at www.sdpaaonline.org or contact our office at 800-658-3633, option 2.

Facilities use agreements are recommended for any situation where your entity is not the host of an event. This offers a layer of protection for your entity from claims which may arise out of the special event. If the various clubs and associations looking to utilize your property for 12

The next step to protecting your entity from claims is to request that the parties using your entity’s property would be to ensure that the party utilizing the property locations has appropriate liability coverage in place. This information can be provided by securing a certificate of coverage or a certificate of insurance. We recommend securing a proof of coverage in writing with acknowledgement that your entity is either a certificate holder, or better, an additional insured on that coverage. This allows you protection under the terms of the user’s liability coverage should any claims arise out of their event.

It is not typical for your coverage to extend to third party claims made against anyone other than the named covered parties / insureds. If you aren’t sure who is covered under your coverage agreement, we would encourage you to contact us and we can discuss your specific situation and assist in securing appropriate coverage, regardless of what the event is.

Once coverage is secured, there are certain additional items to consider. Will their activity include a high risk activity which may be excluded under their document? Bull riding? Bounce Houses? Trap Shooting? All of these types of activities come with their own specific and potentially risky consequences. Some coverage documents will not respond to claims arising out of these, or other types of activities. If you are considering hosting an event, or are reviewing events to be hosted on your property, it is important to understand what is happening and what your coverage will and will not respond to. For those types of situations, we would recommend you confirm with your carrier to be certain that in the event the user’s coverage fails, that your entity will still have coverage to respond to the third party claims arising out of that rental/facilities use situation. Beyond confirmation of coverage, some of the more risky activities should also be accompanied by a participation waiver. Sample waivers can also be found on our website.

Special events don’t have to be scary, as long as we have reviewed the possible risks associated with them and confirmed that there are no coverage gaps. Establishing good use policies and obtaining properly prepared and executed facilities use agreements will save you time in the future. If you’d like to explore more risk management and loss control techniques for your special events, we would encourage you to visit us on our website, or call us and we can visit telephonically or in person! SOUTH DAKOTA MUNICIPALITIES

CITY HIGHLIGHT

Highmore

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Provided by The City of Highmore

MARCH 2020

13

Inaugural Rapid City Youth City Council Members Take Oath of Office

Nathan Thompson, Rapid City Journal staff

The executive team of Secretary Jocelyn Konechne, left, Vice Chair Jordyn Kokesh, Ward 4 City Council member Lance Lehmann, and Chair Hannah Churchill, listen to Sean Binder speak on the roles and responsibilities of their respective positions after the inaugural meeting for the Rapid City Youth City Council at City Hall in Rapid City on Tuesday, January 14, 2020. Adam Fondren photo

Eighteen youth from across Rapid City took the oath of office Tuesday night during the inaugural meeting of the Rapid City Youth City Council, starting a new chapter in cooperation, involvement and understanding of issues important to young people in city government.

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Sean Binder shows Peyton Swallow, Charlie Swann and Tusweca Taoniye Mendoza which events in their booklets they can sign up for where they can act in their roles as Youth City Council members during the inaugural meeting. Adam Fondren photo The formation of the Rapid City Youth City Council was approved by the Rapid City Common Council at its Dec. 2 meeting.

According to Rapid City Mayor Steve Allender, city youth leaders approached him in mid-September about the possibility and worked with staff of the Rapid City Area Schools to formalize a proposal to establish the Youth City Council. As part of the resolution, the youth council will meet one Tuesday each month in City Council Chambers

SOUTH DAKOTA MUNICIPALITIES

and would address issues relevant to youth in the community. Representatives from the youth council will also attend every Rapid City Common Council meeting.

During Tuesday’s inaugural meeting, Ward 4 City Council member Lance Lehmann, who serves as a liaison of the youth council, and City Council President Laura Armstrong assisted the new group in walking through the business of the day — including the election of officers.

In a unanimous vote, Hannah Churchill was elected as chair of the Youth City Council. Youth council members split on the election of vice chair. In a 13-5 ballot vote, Jordyn Kokesh was elected vice chair over Kiran Kelly.

government in their city and to just understand what’s going on inside government because it impacts all of us.”

Kokesh is also a junior at Stevens High School. She said she hopes the experience she gains by serving on the Rapid City Youth City Council will be beneficial to everyone.

“We want to be able to share the problems of youth today to try to help get youth voices in government,” Kokesh said. “The youth of today will be leading the government of tomorrow and we believe it is crucial to start learning now.”

The ballot vote for youth council secretary ended up in a tie, with Jocelyn Konechne and Rebecca Huang each receiving nine votes. Lehmann, acting as the city council liaison, cast the tie-breaking vote, with Konechne being named secretary.

Churchill, who is a junior at Stevens High School, said she was honored to be elected as chair.

“I’m very excited to lead the council as chair, and I’m excited to learn how to best lead in that role,” she said. “I hope to encourage young people to get out and be a part of

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The youth council is comprised of members in the ninth through 12th grade and between the ages of 14 and 18. Members sworn in for one-year terms on the youth council are Churchill, Huang, Sadie Colbeck, Hunter Herzog, Kwynn Morsching and Kaitlynn Wellman. Serving twoyear terms on the council are Kokesh, Konechne, Kelly, Rylan Barnett, Grace Bradley, Grace Dodds, Victoria Lujan, Raleigh Lunderman, Peyton Swallow, Charlie Swann, Tusweca Taoniye L. Mendoza, and Elizabeth Wright.

"The Youth City Council will help stimulate interest among youth in our community and in city government," Allender said. "These young people are the future leaders of our community and why not introduce them to the tools of the government process and have them use those tools to consider issues that are important to them and learn the importance of civic engagement and community service."

Rapid City Teen Up Youth Engagement Coordinator for the Rapid City Area Schools, Kristin Kiner, was instrumental in the formation of the youth council. She said youth leaders are excited about the program.

"We are excited about creating this platform for students to share their voice, develop leadership skills and serve their community," Kiner said. "The Rapid City Youth Council will be mutually beneficial to the students and our community." Reprinted with permission from the Rapid City Journal.

15

Houseman Named Municipal Office Person of the Year by the South Dakota Association of Rural Water Systems (SDARWS)

The South Dakota Association of Rural Water Systems (SDARWS) recently named Debbra Houseman, Finance Officer for the City of Lake Andes as the Municipal Office Person of the Year Award during the organization’s Annual Technical Conference in Pierre.

Houseman began her career as a Finance Officer with the City of Lake Andes in 2004. This the past year she went above and beyond the call of duty when it came to the recent flooding in the area. It started in 2018 with much higher than normal precipitation but it really went bad in March of 2019 with a large snow cover, frozen ground and immense run off into Lake Andes. Then came September, more heavy homes and streets were under water and a dike was constructed to provide protection against sewer system failure. Temporary access was constructed to allow a business to reopen. Failure of the lift station/sewer

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Debbra Houseman, Finance Officer for the City of Lake Andes is presented with the Municipal Office Manager of the Year award in Pierre January 16, 2020. system would have caused many homes to be uninhabitable and closure of the nursing home and the school was a real threat. At center of all of this work getting done was Finance Officer Housman. Houseman was not alone in the fight against Mother Nature but she also played a major role in assisting the City Council and the hard working and dedicated maintenance staff in getting the job done.

Houseman not only works hard for Lake Andes but she’s also active outside her Municipal Finance Officer position as she is currently President of the SD Municipal League, President of the Andes Central School Board and devotes a lot of time coordinating activities of “Fish Days” the first week of June each year. Her efforts everywhere meet and go above and beyond the call of duty. The 2020 South Dakota Rural Water Annual Technical Conference hosted over 500 individuals and provided water and wastewater educational presentations for board members, managers, and operations specialists from throughout South Dakota.

Reprinted with Permission from the South Dakota Association of Rural Water Systems. SOUTH DAKOTA MUNICIPALITIES

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 $9.30 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.

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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. 12. All work requiring the use of ladders, scaffolds, or their SOUTH DAKOTA MUNICIPALITIES

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, broilers, pressurized equipment including fryolators, and cooking devices that operate at extremely high MARCH 2020

temperatures such as “Neico broilers.” 4. Cashiering, selling, modeling, art work, work in advertising departments, window trimming and comparative shopping. 5. Price marking and tagging by hand or by machine. Assembling orders, packing and shelving. 6. Bagging and carrying out customer orders. 7. Errand and delivery work by foot, bicycle, and public transportation. Except such youth may not be employed by a public messenger service. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. The occupation of lifeguard (15-year-olds but not 14year-olds) at traditional swimming pools and water 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 19

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 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, 20

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.

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 SOUTH DAKOTA MUNICIPALITIES

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 $13,072 for each employee who is the subject of a child labor violation. The penalty may be increased to $59,413 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. 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.

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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-year-

MARCH 2020

olds may be employed as discussed below; and • 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.

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

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employed in the following occupations that are often found at establishments that have traditional swimming pools: • 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 2020

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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 reportâ&#x20AC;&#x2122;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 Ratemakerâ&#x201E;˘. 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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SOUTH DAKOTA MUNICIPALITIES

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

South Dakota Public Power

South Dakota has 35 of 309 incorporated cities that own their own electrical system making them a municipal electric utility. I have probably said all of this before, but if you like history, you’ll like this article.

First of all, I want to let you know which communities I am referring to when I mention the 35 municipal electric cities

and towns. They are all members of the South Dakota Municipal Electric Association and are: Arlington, Aurora, Badger, Beresford, Big Stone City, Brookings, Bryant, Burke, Colman, Elk Point, Estelline, Faith, Flandreau, Fort Pierre, Groton, Hecla, Howard, Langford, Madison, McLaughlin, Miller, Onida, Parker, Pickstown, Pierre, Plankinton, Pukwana, Sioux Falls, Tyndall, Vermillion, Volga, Watertown, Wessington Springs, White, Winner.

Municipal electric utilities work to provide a way of life as well as providing high reliability and affordable rates to their customer owners. When you live in a municipal electric community, you are an owner of that system. Your elected council members are your voice for how that utility works. If you are unhappy with your services, you contact a council member and let them know your frustrations.

To understand what municipal electric utility really means, we must understand the electric utility providers in our state. There are two other providers in addition to municipal electric utilities, Investor Owned Utilities and Rural Electric Cooperatives. Investor Owned Utilities are private for-profit companies owned by shareholders or investors. There are six IOU’s in South Dakota and you may recognize them with names like Black Hills Energy, MidAmerican Energy, Montana-Dakota Utilities, Northwestern Energy, Otter Tail Power Co., and Xcel Energy. IOU’s have rates that are regulated by the PUC

28

SOUTH DAKOTA MUNICIPALITIES

and rates are set to recover costs and earn a reasonable return of profit for the shareholders and investors. Investor owned utilities provide electricity in some isolated areas and serve in 214 of the 309 incorporated cities.

providers you have, more than likely you donâ&#x20AC;&#x2122;t contact them when things are going well. You should. All three providers are working hard to be the best for their customers.

Many South Dakotans may not be aware of which one of these utilities provides their electricity, however all three of the providers are trying to do what is best for their customers and want the state of South Dakota to prosper. Investor owned utilities are trying to provide a service while making a profit for their shareholders or investors. Rural electric cooperatives are trying to serve their member owned customers with an affordable and reliable electricity. Regardless of which of the three utility

Those 35 municipal electric cities as well as the other 274 cities are all working for their citizens. Each one of them have a wonderful HOMETOWN and we need to continue that trend.

The third electric utility provider is rural electric cooperatives. The Rural Electrification Act was a federal act enacted in 1936 and provided federal loans to take electricity to the isolated rural areas of the United States. In South Dakota, an act to follow the rural electrification act was enabled in 1947, when rural electrification began in South Dakota. There are 28 rural electric cooperatives in South Dakota, and they provide electricity to rural areas of South Dakota as well as fully serving in 60 of the 309 incorporated cities and partially serving in another 62.

MARCH 2020

All three of these providers have been working since their inception as a business and have become accustom to the way things have worked in their individual capacities to serve the customers. There have been changes along the way, but it is very important for all three to have the ability to grow and expand in the name of economic development. The state of South Dakota needs the be able to continue to serve its citizens and work towards creating more jobs, as well as incentivize our youth to stay in the state. It is time to cheer more and jeer less. Communication amongst these utility providers might be the answer. We need to continue with the business model that has been set in place for years. Things change, but South Dakotaâ&#x20AC;&#x2122;s values of economic development, local control and landowner rights need to continue to grow and prosper.

29

SDSU Extension to Host Energize! Conference Exploring Innovative Rural Communities

Keynote speaker is Amanda Brinkman, co-host of TV series Small Business Revolution

The SDSU Extension Community Vitality Team and the Community of Milbank will host the Energize! Exploring Innovative Rural Communities Conference May 5-6, 2020 in downtown Milbank businesses.

Designed to energize South Dakota’s rural communities by inviting them to network with community leaders from across the state, share success stories, get ideas and take action to improve their own communities, the conference will offer several sessions including: Funding for Community Projects, Supporting Local Business, Uptown Revitalization and Engaging Community Members.

“This event will have information for communities, resources and ways to become involved, as well as information for current and potential entrepreneurs,” says Paul Thares, SDSU Extension Community Vitality Field Specialist. The program is a collaborative effort between leaders in the community of Milbank and the SDSU Extension Community Vitality Team.

Bobbie Bohlen, executive director of the Grant County Development Corporation, is excited to bring this conference to her region. “We are fortunate to have several unique businesses in Milbank. Breakout sessions will be held in storefronts on Main Street to bring focus to the opportunities and share what could be replicated in other places,” she says.

As one example, Bohlen points to the Valley Queen Heritage Center which opened in August 2018 on Milbank’s Main Street in a renovated building that is over 100 years old. “The Center gives the history of Valley Queen Cheese and the families who started it in the community. We are excited to have that,” says Bohlen. The Center’s interactive displays were developed by the same firm that created the Children’s Museum of South Dakota in Brookings. Keynote speaker for the conference is Amanda Brinkman, co-host of the acclaimed TV series Small Business 30

Revolution. A former corporate marketing executive working with icons including General Mills, Allianz and UnitedHealth Group, Brinkman has earned a reputation as a revolutionary brand marketer. With attendees at the Energize! Conference, Brinkman will share her mantra “Do Well By Doing Good.”

Milbank’s Bohlen will also be a presenter at the conference sharing details about how to define success within your own community. She notes that often population and sales tax are looked at as “success indicators,” but instead, Milbank gathered community input to create their own Milbank Index to guide community efforts and gauge success. Bohlen explains, “Each community is different, so you have to figure out what works in your community,” she explains.

Other presentation highlights will include Volga’s focus on reviving their Main Street; funding for the Roberts County 4-H Building; fostering community engagement with Sisseton-Wahpeton College as well as with immigrants through the Glacial Lakes Multi-Cultural Center at Watertown, and much more. The conference will also include opportunities to connect with staff from entities across the state with available community resources and grant funds. This marks the third year for the Energize! Conference in South Dakota, with previous programs hosted in DeSmet and Lemmon. At those conferences, Thares notes that bringing community leaders and business owners together to share their experiences and knowledge on a variety of topics proved to be powerful with all groups learning from each other. “We anticipate a similar experience in Milbank May 5 and 6,” he concludes. Registration information For more information or to register for the Energize! Exploring Innovative Rural Communities Conference, contact SDSU Extension’s Paul Thares at 605-374-4177 or e-mail Paul.thares@sdstate.edu.

SOUTH DAKOTA MUNICIPALITIES

Funding Available for Trails

South Dakota State Parks Director Scott Simpson announced today that applications are being accepted for grants from the Recreation Trails Program (RTP). The grants will be available for trail projects sponsored by municipalities, counties, state parks, federal land management agencies or tribal governments.

“When it comes to promoting healthy communities, recreational trails are key,” Simpson said. “As safe corridors for exercise and recreation, trails give families the opportunity to spend quality time together and enjoy the natural beauty of our state.”

The Recreational Trails Program provides partial reimbursement for approved trail projects. Eligible projects include construction of new public trails, rehabilitation of existing public trails, development of trail-related facilities and educational programs that relate to recreational trails. The application deadline is Friday, April 17, 2020.

RTP funds come to the state through the Federal Highway Administration and are apportioned to states by Congress

to fund both motorized and non-motorized public recreation trail projects. The amount of funds available is based upon the number of recreational vehicles licensed in each state. Application packets are available online at the Game, Fish and Parks website. For more information, contact Grants Coordinator Randy Kittle at 605.773.5490 or by e-mail at randy.kittle@state.sd.us.

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NLC Releases Cybersecurity Report

The National League of Cities (NLC) has released a new publication, “Protecting Our Data: What Cities Should Know About Cybersecurity, “ in collaboration with the Public Technology Institute (PTI).

“We wrote this report for local elected and appointed officials, especially those who may not have a background in cybersecurity or network management,“ said Angelina Panettieri, NLC Principal Associate for Technology and Communications. “ The guide outlines 10 recommended first steps for city officials hoping to improve cybersecurity, includes a few really interesting case studies of local security breaches, and includes a checklist that local IT directors can use to get started.”

The NLC guide examines the state of cybersecurity in local governments and includes policy recommendations for local leaders to implement to keep their residents and their own data safe. To get a clearer picture of the state of cybersecurity in local governments today, NLC and PTI conducted a survey of IT officials representing local governments from across the United States. They found that while local governments are making improvements, they still lack support from elected leaders and face budget constraints that limit their abilities to further improve.

NLC recommends a number of simple and effective steps cities can take to avoid vulnerabilities and reinforce cybersecurity best practices: 1. Identify one individual to be responsible for cybersecurity programs in that jurisdiction

2. Make digital hygiene an institutional priority 32

3. Educate the local workforce, elected leaders and residents about cybersecurity 4. Conduct an analysis of local government vulnerabilities 5. Ensure your data is properly backed up 6. Implement multi-factor authentication

7. Create policies or plans to manage potential attacks

8. Ensure public communication is part of your attack response plan

9. Adopt a dot gov (.gov) address to reduce risk of fraudulent municipal websites

10. Work with educational partners to create a cybersecurity pool

No network can be 100 percent secure, but by following the recommendations in this guide, local government leaders can reduce the risk of a cyber-attack and be more resilient when one does occur.

“Local elected officials owe it to their residents to protect their most valuable data. It is their responsibility, their duty of care,” said Clarence Anthony, NLC Executive Director. “The National League of Cities and the Public Technology Institute stand ready to help the Nation’s local governments strengthen their cybersecurity efforts.

Access the full cybersecurity report at h t t p s : / / w w w. n l c . o r g / s i t e s / d e f a u l t / f i l e s / 2 0 1 9 10/CS%20Cybersecurity%20Report%20Final.pdf SOUTH DAKOTA MUNICIPALITIES

Summer Food Service Program Seeking Sponsors to Serve Communities

In an effort to fend off hunger, the South Dakota Department of Education’s office of Child and Adult Nutrition Services is seeking sponsors for a federally funded program that provides nutritious meals and snacks to children in low-income areas during the summer months.

Community organizations, nonprofits, schools, and tribal and local governments can apply to be sponsors if they operate in low-income areas, serve a group of mostly lowincome children, or operate a summer camp with a high proportion of low-income participants. Parks and recreation departments, city and county health departments, libraries, and neighborhood service agencies can participate as sites or sponsors.

“This program plays an important role in providing children healthy meals throughout the summer when they don’t have access to the National School Lunch Program,” said Mikayla Hardy, program specialist with South Dakota’s Child and Adult Nutrition Services.

When school is in session, more than 60,000 South Dakota students receive free or reduced-price meals through the National School Lunch Program. The Summer Food Service Program is federally funded through the U.S. Department of Agriculture and administered by the South Dakota Department of Education. It provides meals to students when school is not in session. Children age 18 and younger may receive a meal free of charge at a participating site. In 2019, South Dakota Summer Food Service Program sponsors served 484,059 meals. That is a decrease from the 516,186 meals served in 2018, though it is important to note that the need for meals has not decreased.

Summer food program sites must be in the attendance area of a school where 50 percent or more of students are eligible for free or reduced-price meals, or within the boundary of a U.S. Census block where at least 50 percent of children are eligible for free or reduced-price meals when at school. A site meeting those criteria is open to all children under age 18 with special considerations for children from migrant households or those with a disability. It is important to note that while some areas may not qualify with school data, such areas may still be able to qualify using census data. To determine eligibility in your area, see http://www.fns.usda.gov/sfsp/mapping-toolssummer-meal-programs. MARCH 2020

Organizations interested in reviewing sponsor responsibilities are invited to watch this Summer Food Service Program Overview. To learn more about serving as a sponsor or site, call Child and Adult Nutrition Services at 605-773-3413. For more information, go to http://doe.sd.gov/cans/sfsp.aspx. Sponsors are often looking for partners to help provide activities and educational programs to encourage continued student participation throughout the summer. School food authorities also have the option to utilize the Seamless Summer Option to provide meals in the summer. Information on that option can also be obtained from South Dakota’s Child and Adult Nutrition Services office.

SDML Directory Changes Big Stone City

Garretson Howard Kimball

Lennox

Mobridge Oelrichs Pierre

Presho Spearfish

Delete: CM Duane Henderson CM Brenda McMahon Add: CM Randy Athey

Delete: CE James Wipf Add: CE Scott Dubbe

Delete: STS Chad Podhradsky Add: STS Nick Kramer

Add:

Add:

PC Christine Reitsma

PWD Jeremy Gulbranson

Delete: ADM Christine Goldsmith Add: ADM/FO Heather Beck

Delete: FO Katie Merdanian Add: FO Valerie Graf

Delete: BDG Jeff Runyan BI Kirby Welch AIR Mike Issacs Add: BDG Matthew Elberson

Delete: FO Marlys Schlomer Add: FO Del Rae Diedrich

Add:

PWD Dustin Lee

Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2019-2020 Directory of Municipal Officials.

33

Risk-Sharing

Armstrong v. Longview Farms Parsing Out Acute Injuries and Pre-existing Conditions in Determining Causation

By Laura Hensley

On January 15, 2020, The South Dakota Supreme Court issued an opinion in Armstrong v. Longview Farms, LLP, 2020 S.D. 1, which applies an approach to medical causation that differentiates between the effects of an acute injury and a non-work-related degenerative condition. This is a significant decision that signals a more nuanced approach to causation, and directly refutes so-called â&#x20AC;&#x153;final strawâ&#x20AC;? causation arguments often asserted by claimants.

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On March 31, 2016, Armstrong injured his left knee while working for Longview Farms, a pork producer. Armstrong was scraping the floor of Longview Farmsâ&#x20AC;&#x2122; hog confinement building with a curved push blade when the blade caught on the floor, causing Armstrong to fall on his left leg. Armstrong had previously sustained two other work injuries with different employers. In 1999, Armstrong was irrigating cotton when his left knee suddenly â&#x20AC;&#x153;clickedâ&#x20AC;? and became painful. Armstrong underwent surgery to repair his meniscus. In 2005, Armstrong slipped and fell onto his left knee at work. During arthroscopic surgery to repair Armstrongâ&#x20AC;&#x2122;s left knee, the surgeon discovered the presence of severe osteoarthritis. Armstrong discussed the possibility of undergoing a total knee replacement, but instead chose to pursue conservative treatment. At several points after the 2005 work injury, Armstrong complained of worsening knee pain. Armstrong told his providers that he knew he needed knee replacement surgery but wanted to wait.

After Armstrongâ&#x20AC;&#x2122;s 2016 injury, Armstrong chose to proceed with a total left knee replacement surgery. Travelers, Longview Farmsâ&#x20AC;&#x2122; workersâ&#x20AC;&#x2122; compensation insurer, denied coverage for the surgery, asserting that Armstrongâ&#x20AC;&#x2122;s 2016 work injury was not a â&#x20AC;&#x153;major contributing causeâ&#x20AC;? of Armstrongâ&#x20AC;&#x2122;s left knee condition. Dr. Benjamin Bissell had conducted an independent medical evaluation of Armstrong and found that his 2016 work injury was not a major contributing cause of his knee condition. Dr. Michael Adler disagreed, citing that Armstrong was able to do heavy work before the injury, but was not able to work after the injury.

At the administrative hearing, the Department found Dr. Bisselâ&#x20AC;&#x2122;s testimony more persuasive. The Department acknowledged that Armstrongâ&#x20AC;&#x2122;s 2016 work injury contributed to his disability but was not a major contributing cause. The circuit court affirmed, and Armstrong then appealed to the South Dakota Supreme Court challenging, in part, causation. SOUTH DAKOTA MUNICIPALITIES

South Dakota’s causation standard, set out in SDCL 62-11(7)(b), requires a work injury to be a major contributing cause of a claimant’s current condition and need for treatment to be compensable. In Armstrong, the South Dakota Supreme Court found no evidence in the record that Claimant’s osteoarthritis was related to his employment at Longview Farms, noting that for a long time before Armstrong’s 2016 injury, his medical providers commented on the need for a knee replacement surgery. Importantly, the South Dakota Supreme Court rejected Dr. Adler’s argument that “relegated the causation standard of SDCL 62-1-1(7)(b) to an elementary cause-infact determination.” Armstrong, 2020 S.D. 1, citing Jewett, 2011 S.D. 33, ¶ 24. The Supreme Court further noted a lack medical testimony linking claimant’s osteoarthritis to his work injury.

This decision is significant because it rejects the cause-infact type arguments that claimants often assert in cases where an acute injury overlays a non-work-related preexisting condition. The Supreme Court looked deeper than Dr. Adler’s analysis, parsed out the totality of Armstrong’s disability, and separated the effects of Armstrong’s acute injury from his pre-existing osteoarthritis. The Supreme Court’s analysis is favorable to the defense, and useful for argument, in cases where an acute injury overlays a chronic condition, for example: where a low back strain overlays multi-level degenerative disc disease; where a rotator cuff tear overlays osteoarthritic changes in the shoulder; where an acute injury combines with a genetic condition; etc. In sum, this case supports a more nuanced approach to causation, which parses out a claimant’s disability, and more closely examines the contributions of acute injury and pre-existing conditions to a claimant’s overall disability.

Laura Hensley is a partner with Boyce Law Firm. She works with the Third Party Administrator, Claims Associates, Inc, to defend members when employees file suit against them and SDML Workers’ Compensation Fund. The following is a summary and analysis of a recent decision from the South Dakota Supreme Court.

MARCH 2020

35

Washington Report: By Senator Mike Rounds

As any South Dakota farmer or rancher will tell you, having a market to sell their products is vitally important to the success of their operations. In South Dakota, we produce some of the highest-quality crops and meat in the world. However, trade uncertainty—coupled with low commodity prices and poor weather conditions—has made life difficult for ag producers. After years of being at the tip of the spear in ongoing trade disputes, South Dakota’s farmers, ranchers and manufacturers saw some major victories in recent weeks that will begin to reestablish and grow markets for them to sell their products.

I recently had the privilege of joining President Trump at the White House for the signing of “phase one” of the U.S.-China trade agreement. Under this agreement, China will purchase at least $40 billion dollars of additional U.S. ag products. The phase one agreement comes at an especially good time for American pork producers. African swine fever has killed millions of pigs in China, driving up demand for pork products exported from the U.S. We still have more to do to make sure China lives up to its obligations under the deal—including stopping them from stealing our intellectual property and technologies—and phase one is the first step in that process.

I recently cast my vote in favor of the U.S.-MexicoCanada (USMCA) trade deal, which passed the Senate with broad bipartisan support after months of delays by House Speaker Nancy Pelosi. It will replace the 26-yearold North American Free Trade Agreement (NAFTA). The USMCA will give South Dakota’s farmers, ranchers and manufacturers greater opportunities to sell their products in Mexico and Canada, two of our nation’s closest allies and our top trading partners. Trade with our North American neighbors supports 37,700 jobs in South Dakota, and in 2018, our state exported $924 million of goods and ag products to Canada and Mexico. Under the USMCA, Canada will revise its grain grading policies to treat U.S. wheat in a way that is "no less favorable than that it accords to like wheat of national origin." This will 36

What Recent Trade Wins Mean for South Dakota

level the playing field for South Dakota wheat farmers, by not allowing either country to have country of origin on wheat quality certificates. Finalizing the USMCA will also provide us with better leverage to negotiate fair deals with other countries around the world. It now awaits action in Canada’s parliament before it can go into effect.

These trade wins come on the heels of the unilateral trade agreement we made with Japan, which took effect at the beginning of January. The U.S.-Japan agreement paved the way for more sales of American beef and other agricultural products. Additionally, the European Union trade negotiator recently called for a reset on trade talks with the U.S. so we can work to increase our markets in Europe. This progress is important for South Dakota farmers, ranchers and manufacturers, who have dealt with trade instability for far too long. Senate Republicans and President Trump have remained focused on advancing policies that will help to grow the economy, and so far the economy in nearly all sectors aside from agriculture has improved. The stock market has reached record highs, we’ve cut taxes for American families—including costly Obamacare taxes—and rolled back thousands of burdensome, duplicative regulations that slowed business growth. I believe that finalizing trade agreements that give farmers and ranchers a fair deal for their products is one of the final pieces of the puzzle that will allow the economy to reach its full potential.

Free and fair trade is critical for our producers. We are making significant progress toward securing better, fairer trade deals for South Dakota’s ag community than what they’ve had in the past.

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CIVIL / MUNICIPAL ENGINEERING Water Distribution and Treatment, Wastewater Collection and Treatment, Drainage, Streets, Highways, Airports, Land Development, Master Planning, GIS, Solid Waste, Ag Waste, Land Surveying-GPS

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STREET DESIGN LAND SURVEYING UTILITY ANALYSIS & DESIGN LANDSCAPE ARCHITECTURE AGRICULTURAL ENGINEERING WATER/WASTEWATER TREATMENT Sioux Falls, SD 605.338.6668

www.stockwellengineers.com

Yankton, SD 605.665.8092

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 2020 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-224-8655. Visit www.sdmunicipalleague.org for more classifieds.

ASSISTANT CITY ENGINEER: Watertown, SD - The City of Watertown is seeking applicants for an Assistant City Engineer. Position provides professional engineering, technical, and administrative functions to the Engineering Division of the Public Works Department. Responsibilities include designing projects; preparing plans, specifications, and bid documents for contracts; providing information and education regarding projects; administering contracts and ensuring compliance with contract requirements; performing supervisory functions and employee evaluations; assisting in the administration of the city’s stormwater and floodplain management regulations and conducting engineering studies. Employee works under the general direction of the Public Works Director/City Engineer, performing engineering, technical, supervisory and administrative functions. A candidate for this position shall have a Bachelor of Science degree in Civil Engineering or related field form an accredited college or university and six (6) years of experience in Civil Engineering or municipal engineering with a minimum of two (2) years in a supervisory capacity; or an equivalent combination of education and experience. A candidate for this position is also required to have a Professional Engineer’s License in Civil Engineering (South Dakota PE License) within 6 months of hire, and obtain Floodplain Manager certification within 2 years from date of hire. Candidates must have a valid driver’s license. Registration as a professional land surveyor is desirable. APWA certifications as a Stormwater Manager or Professional Supervisor or Manager are encouraged. Applicants must submit a City application, cover letter and resume to be considered for this position. Application Forms and complete position descriptions are available at City Hall Finance Office or on line at http://www.watertownsd.us/Jobs.aspx. Application materials must be received in the Human Resources Director’s office at City Hall to be considered for this position.

ASSISTANT MAINTENANCE WORKER: Canistota, SD - The City of Canistota is taking applications for the position of Public Works Assistant. This position will assist 42

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

CITY ADMINISTRATOR: North Sioux City, SD - The City of North Sioux City is accepting applications for the position of City Administrator. NSC is an aldermanic form of government. The City Administrator reports the City Council and works in conjunction with the Finance Officer. The Administrator will oversee all departments and phases of municipal government. Successful candidate must possess good written and verbal communication skills, as well as good organizational and interpersonal skills. Applicant needs to be highly motivated with a great work ethic. Responsibilities may include: grant writing; media contact; community and governmental board and meeting representation; project and contract oversight and negotiation; council meeting attendance as needed; economic development; human resources and benefits; annual audit; maintain all debt service funds and financial records related to grants and tax increment districts; direction of information technology services; planning and zoning participation; and other duties as designated by the Mayor and City Council. Minimum qualifications include a Bachelor’s Degree in Public Administration or related field and minimum of five years experience in government or related private field. These basic requirements may be waived in favor of comparable experience, and are at the sole discretion of the Mayor and City Council. This is a fulltime exempt position. Salary negotiated based on qualifications and experience. The City of North Sioux City is an Equal Opportunity Employer. Position remains open until filled. Submit an application, resume, three references, and transcripts to City Administrator Search, City of North Sioux City, SD 57049 or you may email the requested documents to CityofNSC@northsiouxcity-sd.gov. Phone: 605-232-4276.

CODE ENFORCEMENT OFFICER: Wakonda, SD The City of Wakonda is seeking applicants for a Code Enforcement Officer. This position enforces the city’s established code requirements, ordinances and zoning laws. The applicant will need at least a high school diploma or GED. Be able to attend or take a basic code enforcement training class to gain knowledge in the field. Job applications are available for downloading on our website at www.townofwakonda.org. Contact the City of Wakonda at SOUTH DAKOTA MUNICIPALITIES

605-267-3118 or townofwakonda@gmail.com.

ELECTRIC SUPERINTENDENT: Sibley, IA - The City of Sibley, Iowa is looking for an Electric Superintendent to manage all functions of the Electric Department, under the direction of the City Administrator. Maintain professionalism while managing and directing the department and practicing sound judgement, initiative, and integrity. Direct the operation, maintenance and improvements of the entire electric system to provide safe, efficient, adequate and reliable service to all electric customers. Responsible for leadership of department personnel, including the need to communicate, delegate, practice and promote efficient work habits, and follow personnel related policies of the City. Plan and make recommendations for electric facility improvements. Responsible for recommendation or purchase of, and training on; proper tools, equipment and material, as necessary to accomplish work as cost effectively as possible. Responsible for accurate revenue metering of electric usage, along with City Clerk/Finance Director. Supervise locating and recording of underground facilities. Responsible for restoration duties. A degree in electric field that provides applicable knowledge and experience in the electric utility field & a minimum of 4 years experience in the electric utility field or equivalent combination of education and experience, preferred. For complete job description and application, please contact Sibley Hall at 803 3rd Avenue, Sibley, IA or 712-754-2541 or online at www.cityofsibley.com. Please submit cover letter, resume & references to City of Sibley, PO Box 126, Sibley, IA 51249 or email sibleyclerk@premieronline.net. Position open until filled. EOE.

HUMAN RESOURCE AND EMPLOYEE ENGAGEMENT DIRECTOR: Yankton, SD - The City of Yankton is currently taking applications for Human Resource and Employee Engagement Director. Those interested can contact richardfursman@gmail.com for more information.

PUBLIC WORKS ASSISTANT: Hartford, SD - The City of Hartford is taking applications for the position of Public Works Assistant. This is a full-time position that will assist in all phases of maintaining the city streets, water distribution system and wastewater treatment system. This individual will also assist with the maintenance of all public buildings and open spaces including the city pool and parks. Applications will be accepted until the position has been filled. An application form and complete job description are available at City Hall, 125 N Main Avenue or online at www.hartfordsd.us. EOE. MARCH 2020

PUBLIC WORKS DIRECTOR/PROFESSIONAL ENGINEER: Custer, SD - The City of Custer is seeking a licensed civil engineer to manage the Public Works Department. This position is expected to perform a variety of supervisory, administrative, skilled, technical and maintenance related tasks. The Public Works Director oversees the Streets, Parks, Public Buildings, Water & Wastewater operations. The position is responsible for planning and managing the activities, operations, maintenance and construction of the Public Works Department. The ideal candidate will possess a Certification as a Professional Engineer, and/or sufficient experience to thoroughly understand the diverse objectives and function of the Public Works Department. Must possess a valid driver’s license. The following certifications would be a benefit: Class I Water Treatment, Class II Wastewater Treatment, Class II Water Distribution and Class II Wastewater Collection, or adequate water and wastewater knowledge. Must be a team player; with leadership skills and the ability to provide outstanding customer service. Must reside within fifteen miles of the City of Custer. Starting wage DOE and certifications. Applications are available at Custer City Hall, 622 Crook St, Custer, SD 57730. 605-673-4824. www.custer.govoffice.com. An application must be completed, and resumes may be included with the application, but are not accepted in lieu of an application. Applications will be accepted by mail or may be dropped off at Custer City Hall. Position open until filled. The City of Custer is an EOE. UTILITIES MANAGER: Gary, SD - The City of Gary is currently accepting applications for a full-time utilities manager. Duties will include streets, parks, cemetery, golf course, water, and wastewater departments. A Class I Water Distribution certification/license must be obtained within 2 years of hire. A South Dakota commercial pesticide license (G, 7, 9) must be obtained within 90 days. Successful applicants must possess a high school diploma or GED Certificate; a valid driver’s license, and be insurable. Excellent benefits package. Salary negotiable depending on experience and qualifications. Position description, information, and applications are available at the Gary City Office, 1113 Summit Street, Gary, SD 57237. Applications deadline is April 1, 2020. FOR SALE: Wakonda, SD - 2011 Scag Turf Riger. 610 hours, 26 hp Kawasaki motor, 72” deck with two sets of blades. $8,000.00. Call Wakonda City Hall if interested, 605-267-3118. Visit www.sdmunicipalleague.org classifieds..

for

additional

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2020 Census

Safety and Security Your re responses to the 2020 Census are safe.

Your responses to the 2020 Census are protected by law. Under Title 13 of the U.S. Code, the U.S. Census Bureau cannot release any information that identifies you individually. Every Census Bureau employee and contractor is sworn for life to always protect your information. Violating that oath carries stiff penalties for all Census Bureau workers — a fine up to $250,000 and/or up to five years in prison. The Census Bureau uses your information for statistical purposes only, y, such s as helping to inform decisions for new hospitals, schools and roads.

Responses to the 2020 Census are secure.

The Census Bureau has a team of cybersecurity experts who mon nitor and protect all agenc cy technology around the clock. Our cybersecurity meets the highe est standards for protecting g your information. From the moment we collect your responses, our goa al — and legal obligation — is to keep them safe. The Census Bureau’s technology is protected by strong authentication and d authorization methods and is fully “locked down” so that it can on nly be accessed by fully ve etted individuals who are trained in data and cyber security. These individuals make sure we keep p pace with evolving threats and security advancements.

No matter how you respond, your information re emains protected.

The Census Bureau designed the information collection process w with layers of security to kee ep your information safe and secure. Whether you respond online, by phone, by mail, or if a census em mployee comes to your doo or, r, y your information is collected, transmitted and kept secure throughout the process. When you are on our secure website, you can verify it’s safe by making sure the addresss begins with ‘HTTPS’ and includes a lock symbol. If you’re visited by a census employee, know that the technology they use hass the same strong security controls, and is fully compliant with the standards mandated m for Federal syste ems. The Census Bureau works with the federal intelligence cyber com mmunity and industry experts to stay abreast of emerging cyber threats to continuously update e protections and safeguards for your information.

Connect with us: @uscensusbureau For more information: 2020CENSUS.GOV

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SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S 1 8 15 22 29

M 2 9 16 23 30

March 2020 T W T 3 4 5 10 11 12 17 18 19 24 25 26 31

F 6 13 20 27

S 7 14 21 28

S

5 12 19 26

M

6 13 20 27

April 2020 T W T 1 2 7 8 9 14 15 16 21 22 23 28 29 30

F 3 10 17 24

S 4 11 18 25

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

April

A Strong Public Finance Partner in South Dakota

At least one day before the election â&#x20AC;&#x201C; The Finance Officer must deliver the precinct registration lists to the local election officials. (SDCL 12-4-24; See Hdbk., sec. 7.170)

D.A. Davidson & Co. is committed to strengthening the infrastructure and enriching the lives of people in our communities throughout South Dakota and across the nation.

Gerald J. Spethman, Jr. Senior Vice President, Public Finance Banker

(402) 392-7933 (866) 466-9368 JSpethman@dadco.com

2XU SXEOLF ÂżQDQFH EDQNHUV DYHUDJH over 20 years of experience LQ FRQYHQWLRQDO Âż[HG UDWH GHEW ÂżQDQFLQJ YDULDEOH UDWH ERQGV FUHGLW HQKDQFHG VWUXFWXUHV DQG QRQ UDWHG ERQGV Primary areas of focus include: ¡ Cities ¡ Counties ¡ School Districts ¡ Rural Water Utility Finance ¡ Healthcare Finance ¡ Lease-Purchase Financing Ä 1RQSURÂżW (QWLWLHV Ä $OWHUQDWLYH (QHUJ\

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MARCH 2020

45

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.

Respond your way to the 2020 Census. By April 1, 2020, every home will receive an invitation to participate in the 2020 Census. You will have three options for responding. All of them are easy!

Online

By Phone

By Mail

The 2020 Census marks the first time you will be invited to respond online—even on your mobile device. The online form is available in many different languages. Visit 2020CENSUS.GOV for more information about responding online. information, visit:

2020CENSUS.GOV D-HP-GP-EN-417

46

SOUTH DAKOTA MUNICIPALITIES

Let’s show the world what we can do together. Day by day. Project by project. Together we’re engineering clean water and preserving the world’s most valuable resource.

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