Official Monthly Publication
Member of National League of Cities
www.sdmunicipalleague.org
South Dakota MUNICIPALITIES
Managing Editor: Yvonne A. Taylor
PRESIDENT Pauline Sumption Finance Officer, Rapid City
1st VICE PRESIDENT Debbie Houseman Finance Officer, Lake Andes 2nd VICE PRESIDENT Steve Allender Mayor, Rapid City
TRUSTEES Fay Bueno Finance Officer, Sturgis
Editor: Sara M. Rankin
DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster
Dist. 2 - Paullyn Carey Finance Director, Huron Dist. 3 - Dawn Murphy Finance Officer, Tea
Dist. 4 - Becky Brunsing Finance Officer, Wagner Dist. 5 - Renae Phinney President, Ree Heights
Karl Alberts Finance Officer, Aberdeen
Dist. 6 - Leland Treichel Mayor, Roscoe
Christine Erickson Councilmember, Sioux Falls
Dist. 8 - Harry Weller Mayor, Kadoka
Carolynn Anderson Finance Officer, Wall
Amy Leon City Manager, Yankton
PAST PRESIDENT Mike Wendland City Administrator/Economic Development Director, Baltic
Dist. 7 - Arnold Schott Mayor, McLaughlin
Dist. 9 - Laurie Woodward Finance Officer, Custer Dist. 10 - Michelle DeNeui Assistant Finance Officer, Spearfish
LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655
Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: David Pfeifle Executive Director Kristina Peterson Director of Underwriting Lynn Bren Director of Member Services Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant
Features
Contents
Human Resource School . . . . . . . . . . . . . . . . . . . . . . .6
Scholarship Funds Available . . . . . . . . . . . . . . . . . . . . .7 Finance Officers’ School Agenda . . . . . . . . . . . . . . .8-9
Police Chiefs' and Sheriffs' Association Conference Agenda . . . . . . . . . . . . . . . .10
It's Good to Share . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Limits on Property Taxes . . . . . . . . . . . . . . . . . . . . .14
SLLC Files Supreme Court Amicus Brief in Employment Discrimination Case . . . . . . . .16
Thousands of SD Voters Don't Live Where They Register . . . . . . . . . . . . . . .18
SDMEA Hometown Power – Superintendent-Foreman Conference Recap . . . . . . .24
Volunteer Fire Assistance Grants Now Open . . . . . .26
Finance Officer of the Year Nomination Form . . . . .27
DOL Announces New Proposed Overtime Rule . . . .29
Transportation Economic Development Grants . . . . . . . . . . . . . . . . . . . . . . . . .30
Columns
Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .32 Washington Report: Senator Thune . . . . . . . . . . . . . .34
In Every Issue
SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . .11
Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .13
City Highlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .35
Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .41
SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota and additional mailing offices. Non-member subscriptions are available for $30.00 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532.
APRIL 2019
VOLUME 85, NUMBER 10
3
Director's Notes
We will have wrapped up most of the ten district meetings by the time you read this, and while it will be nice to be home again, we really have a great time visiting the towns hosting the meetings this year. We’ve really seen a lot this year, and the warm welcome in every community is so special. There is something really special in every town, and it is such a treat for us to get out on the road and see what your communities are doing. We really appreciate the hard work each city put into arranging for the wonderful food and meeting places, door prizes, and entertainment – so to Winner, Miller, Britton, Madison, Canton, Mobridge, Redfield, Murdo, Keystone, and Spearfish – THANKS!
information to have waved a red flag well before it ended up with more than $100,000 in penalties. Make sure to keep an eye on the magazine and website for all the training opportunities this spring and summer.
Please also consider getting involved in the policy committee process. We have four committees, each of which meets in August, and again at the October conference. They will give you a great opportunity to discuss issues with your fellow officials, as well as to direct the activity of the League in the next legislative session.
Until next month, remember we are always available at 1-800658-3633 or yvonne@sdmunicipalleague.org. Yvonne Taylor Executive Director
District Meetings always renew a sense of amazement that there are so many bright, dedicated people, willing to serve their communities and give their time. Although we go to each town to present a legislative update, we always come away having learned more than we taught.
Back at the office, our attention now turns to our schools and seminars, culminating with the Annual Conference in Aberdeen in October. At the last Conference, we had several general session speakers who all received rave reviews – and every one of them was suggested by a member. If you have thoughts on programs you would like to see at the Conference, please contact us!
The April municipal elections are just around the corner, and along with the excellent incumbents, we will have a whole new group of elected officials we look forward to working with. I would urge everyone to try and take advantage of all the services offered by the League – we have many fantastic opportunities to help you grow in your public service position, and while it is hard to quantify, a knowledgeable, involved council will save you money in the long run.
One case in point: a city in South Dakota that reached a pretty dysfunctional level before someone stepped in and even noticed, because it was being quite well hidden by a staff member. A council that had attended even one of our elected officials’ workshops or budget trainings would have had enough 4
GEOTEK ENGINEERING & TESTING SERVICES, INC. Resources for Design & Construction
909 East 50th Street North Sioux Falls, South Dakota 57104 P: 605-335-5512 F: 605-335-0773 1-800-354-5512 www.geotekeng.com
Geotechnical Engineering · Construction Materials/NDT Environmental · Indoor Air Quality/Industrial Hygiene
SOUTH DAKOTA MUNICIPALITIES
President's Report
Now that spring has “officially” sprung, I am hopeful that you are all thawing out some. This winter seems to have lasted a lifetime and, while I don’t mind the snow so much, I could definitely have done without all of the cold and wind!!!
In one of the classes that I am taking, there was a module on rewarding your employees and trying to figure out what motivates them…what makes them want to do a good job for you…or in some cases, what motivates you to get up and show up, not only at work but also in your personal lives. Have you ever really thought about it personally or taken the time to have those types of conversations with your employees? I’m almost certain that in some cases, the answers may surprise you.
Whetton & Cameron (2011) provide information regarding an effective motivation program in their book “Developing Management Skills”. They actually focus on motivation, performance, outcomes and satisfaction. The first point they make has to do with communicating clearly your expectations of them by setting goals TOGETHER that are specific, consistent and appropriately challenging, and THEN providing feedback to the employee. Have you ever been working on a project that is so ambiguous and lacking of feedback that you wonder if you are even working in the right direction to meet the goal? That can be so frustrating for both parties!! Clearly this would also enhance performance, outcomes and satisfaction if done appropriately.
I know it’s difficult in local government to reward your employees as you see fit. We are also looking at the “How would this look on the front page of the paper” test to try determine what is right – because, after all, we are talking about taxpayer money. Rapid City has a policy for
employee recognition based on retirement, years of service and individual achievement. Sometimes this doesn’t feel like it’s enough to thank and recognize our employees for what they do for the City, and sometimes endure as part of their job.
So what can we do to motivate our employees if the situation doesn’t fit within our policy? That’s a difficult question to answer – and I don’t purport to have all the answers (and I’m sure some would say I have NONE of the answers). However, sometimes I think just by showing some small gesture for the person to let them know how much you appreciate them, by words or actions, is enough for that individual. I know that I personally like to know that I am appreciated and that someone I respect (in both work and personal lives) and love (in personal life) are proud of me and what I am accomplishing. These are things I would say motivate me. So…what motivates YOU? Pauline Sumption President
!"#$%&'(&)*$+,'-'.$/!0"+1$*$"+$+,' 2+$*34'5)/*34'6&/7$8&4'-'9+3*)%%)*$"+' !
"#$%&'!!()*+,-)*.*++/! 0$11.23&&'!!4.-//.5/6./+7)! 89:;1'!!<:1&<=>?3$@9;%%&<$?:AB$9! ! !! !!!
!!!!!
!
!!!!!!
!
4+6//!C&%;?#!DE&!F!G!F?&!4/-!G!HI3%<E;11&J!KL!!**776! MMMA>?3$@9;%%&<$?:AB$9!
APRIL 2019
5
SD Governmental Human Resource School June 11-12, 2019 • Ramkota Hotel & Conference Center • Pierre, SD
…of the 309 municipalities in South Dakota, less than 15 have full time professional Human Resource personnel. Most HR duties are added responsibilities for existing city staff. This training will help anyone with HR responsibilities become better informed in this field, learn who to call on when they need help and where to turn to find resources.
Agenda
Tuesday, June 11
5:30 to 7:00 p.m.
12:15 p.m. Registration – Lake Oahe Lobby 1:00 p.m.
1:15 p.m.
3:00 p.m.
3:15 to 5:00 p.m.
General Business Meeting – Gallery A
Extra Mile: Creating a Values-Driven Customer Service Culture and Staying Professional When Things Get Personal Kostas Voutsas, Professor of Business, Dickinson State University *Kostas has been teaching Management and Human Resource courses for 20+ years. He is a professor, an author, a corporate trainer, and keynote motivational speaker. His book Secrets to Making Diversity Work also discusses gender, cultural and generational differences. (Kostas will be available afterwards for discussion if individuals want/need) Break – Lake Oahe Lobby
Mission POSSIBLE: A Strategic Approach to Interviews, Performance Evaluations and Dismissals- Gallery A Kostas Voutsas, Professor of Business, Dickinson State University
Dinner – Drifters Event Center 325 Hustan Ave., Fort Pierre Gather for dinner, drinks and outdoor games by the river!
Wednesday, June 12
7:30 a.m.
Breakfast – Gallery A
9:00 a.m.
New Hires - Forms & Reporting Pat Schmidt, HR Director, Huron Andrea Schwan, Risk Manager, Aberdeen Shauna Meyerink, Finance Officer, Platte Donna Bottema, HR Generalist, Rapid City
8:30 a.m.
9:45 a.m.
South Dakota Retirement System - Forms, Benefits & Reporting Jane Beer, Chief Financial Officer, SDRS
Break – Lake Oahe
10:00 to Best Practices for Interviews and 11:30 a.m. Dismissals FLSA Updates – Gallery A James Marsh, JE Marsh Consulting
2019 Human Resource School • June 11-12, 2019
Municipality Representing ____________________________________________________________ Name
Title
(Please print or type the name and title as you want them to appear on your name badge)
____________________________ _____________________ _________________________________
____________________________ _____________________ _________________________________
Registration fee: $50.00 for affiliate members and $100.00 non-members.
Accommodations: Mention you are with the Municipal League HR School. Make reservations by May 12 to guarantee the conference rate. Ramkota Hotel, 605-224-6877, $94.00 + tax.
_______ person(s) @ $50.00 each = $__________
_______ person(s) @ $100.00 each = $_________
Return registration with payment by May 28, 2019 to: SD Governmental Human Resource Association *No refunds will be given after May 28, 2019 208 Island Drive, Ft. Pierre, SD 57532 Office Use Only:
Date:________________
Check #:________________
Amount:________________
Scholarship Funds Available
SD Building Officials’ Association Scholarship The scholarship is to attend the ICC Code Hearings Conference. Applicant must be a voting member of the South Dakota Building Officials’ Association and a voting member of the ICC or become one prior to scholarship award.
The Scholarship fund allows for reimbursement for 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 the SDML for reimbursement. All reimbursement costs are subject to SDBOA board approval.
One scholarship will be awarded to an individual that has not previously attended an ICC Code Hearing, and one scholarship will be awarded to an individual that may have attended a previous ICC Code Hearing in the past. Scholarships to attend the ICC Code Hearings are NOT limited to in-state use only. Approval of the applicant’s City Council, Commission, or Supervisor must be received with the application.
All applications must be received in the office of the SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655, no later than July 1 each year to be eligible. An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Building Officials section under the Affiliate Organizations tab.
SD Association of Code Enforcement Scholarship The scholarship is to attend the American Association of Code Enforcement (AACE) Conference which will be October 21- 25, 2019 in Bloomington, Minnesota. Information can be found at: http://www.aace1.org/.
SD Police Chiefs’ Association Scholarship The scholarship is to attend the International Association of Chiefs of Police (IACP) Conference which will be October 26-29, 2019 in Chicago, IL and information can be found at: http://www.theiacpconference.org/.
Applicant must be a member of the South Dakota Police Chiefs’ Association in good standing; must have at least five years of SD Law Enforcement experience; must be a current Chief of Police of a city under 10,000 in population; must never have attended IACP before; and must be a member of IACP. A copy of applicant’s City Councils’ approval for the travel must be received with application.
SDPCA will pay for roundtrip airfare, lodging for the conference dates only, IACP conference registration fee, transportation (taxi, airport shuttle; not rental car) and meals not included in the conference package. Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement following attendance at the IACP conference. All reimbursement costs are subject to SDPCA board approval. Please submit application to the SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655 by June 1, 2019, to be considered for the scholarship.
An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Police Chiefs section under the Affiliate Organizations tab.
Applicant must be a member of the SD Association of Code Enforcement.
SoDACE will pay for roundtrip airfare, lodging for the conference dates only, AACE conference registration fee, transportation (taxi, airport shuttle; not rental car) 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 SoDACE board approval.
Please submit application to the SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655 by July 1, 2017, to be considered for the scholarship.
An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Code Enforcement section under the Affiliate Organizations tab. APRIL 2019
7
SD Governmental Finance Officers’ School June 12, 13, & 14, 2019 • Ramkota Hotel & Conference Center • Pierre, SD Wednesday, June 12
Agenda
10 a.m. to Banyon User Group 12:30 p.m. Lake Sharpe A & B Jeff Christensen, Banyon Data System, Inc. Utility Billing, Point of Sale, Fund Accounting, Payroll and New Products will be covered. *Banyon will be available for individual Q&A following the User Group meeting. Door Prizes will be given away throughout the school - must be present to win.
Noon to 4:00 p.m.
12:45 p.m. 1:00 to 1:15 p.m. 1:15 to 1:30 p.m. 1:30 to 2:30 p.m.
2:30 to 2:45 p.m. 2:45 to 4:30 p.m.
5:00 to 6:00 p.m.
Registration Lake Oahe Lobby
Welcome by Pierre Mayor Gallery BC Mayor Steve Harding, Pierre
Business Meeting
Legislative Update Yvonne Taylor, Executive Director, South Dakota Municipal League
Special Assessments Justin Weiland, City Administrator, Dell Rapids Claire Baartman, Finance Officer, Dell Rapids Break - Lake Oahe Lobby
Basic Accounting - Gallery B&C Rod Fortin, Director of Local Government Assistance, SD Dept. of Legislative Audit
Welcome Reception - Gallery A
5:00 to 8:00 p.m.
Dinner and Entertainment Comedian & Magician David Harris A nationally touring Emmy Award Winning comedian, magician, actor and host.
Hospitality Room #1110 at Ramkota opens after dinner until 11:30 p.m. 7:15 to 8:00 a.m.
Thursday, June 13 Breakfast Buffet Gallery A
8:15 to General Session - Gallery BC 9:45 a.m. Keynote Speaker: Morris Morrison Get ready to experience the journey of one of America's most in-demand influencers. Known for his unforgettable message and his ability to energize audiences, as a transition expert Morris Morrison has become a voice that many people and organizations depend on to inspire their teams to pull together in the same direction! 9:45 to 10:00 a.m.
Break Lake Oahe Lobby
10:00 to Concurrent Sessions (Pick one; 10:55 a.m. sessions will be repeated in afternoon) FFA and SDDOT Regulations for Municipal Airports Gallery DE Jon Becker, Aeronautics Planning Engineer, SDDOT Jennifer Boehm, Aeronautics Program Asst., SDDOT Finance Officer 101 - Gallery FG Mike Carlson, Finance Officer, Vermillion Val Moore, Finance Officer, Oacoma Karl Alberts, Finance Officer, Aberdeen DLA & GASB - Amphitheater I Rod Fortin, Director of Local Government Assistance, SD Dept. of Legislative Audit
11:00 to Concurrent Sessions (Pick one; 11:55 a.m. sessions will be repeated in afternoon) DENR Water & Solid Waste Funding- Gallery DE Mike Perkovich, Program Administrator, DENR Andy Bruels, Engineer Manager, DENR Jon Peschong, Grant and Loan Specialist, DENR Safety Issues in Cities - Gallery FG Doug Kirkus, Loss Control Contractor for SDPAA and Worker's Compensation Fund The World of Liquor - Amphitheatre I Jason Evans, Deputy Director, Special Tax Division, SD Dept. of Revenue
Noon to Finance Officer of the 12:55 p.m. Luncheon Gallery A Finance Officer of the Year Award presentation. Years of Service Pins will be presented.
1:00 to 2:30 p.m.
2:30 to 2:45 p.m.
Year
General Session - Gallery BC Keynote Speaker: Morris Morrison Break Lake Oahe Lobby
2:45 to Concurrent Sessions (Pick one) 3:40 p.m. FAA and SDDOT Regulations for Municipal Airports - Gallery DE Jon Becker, Aeronautics Planning Engineer, SDDOT Jennifer Boehm, Aeronautics Program Asst, SDDOT Finance Officer 101 - Gallery FG Mike Carlson, Finance Officer, Vermillion Val Moore, Finance Officer, Oacoma Karl Alberts, Finance Officer, Aberdeen The World of Liquor - Amphitheater I Jason Evans, Deputy Director, Special Tax Division, SD Dept. of Revenue
3:45 Concurrent Sessions (Pick one) 4:40 p.m. DENR Water & Solid Waste Funding - Gallery DE Mike Perkovich, Program Administrator, DENR Andy Bruels, Engineer Manager, DENR Jon Peschong, Grant and Loan Specialist, DENR Safety Issues in Cities - Gallery FG Doug Kirkus, Loss Control Contractor for the SDPAA and SDML Worker's Compensation Fund DLA & GASB Update - Amphitheater I Rod Fortin, Director of Local Government Assistance, SD Department of Legislative Audit
5:30 to 8:00 p.m.
President’s Social and Dinner Drifters Event Center 325 Hustan Ave, Fort Pierre *Musical Entertainment: Drifters Summer Concert Series Hospitality Room #1110 at Ramkota opens after Dinner until 11:30 p.m.
7:30 to 8:15 a.m.
8:15 to 8:30 a.m.
8:30 to 9:30 a.m.
9:30 to 10:30 a.m. 10:30 to 10:45 a.m.
10:45 to Noon
Friday, June 14 Breakfast Buffet Gallery A
Last Minute Announcements Gallery BC
Engaging Your Community Through Effective Social Media Heather Hitterdahl, Owner, H-Squared
Tax Levy and Valuations for TIFS Wendy Semmler, Program Manager, Property and Special Tax Division, SD Dept. of Revenue
Break Lake Oahe Lobby
Municipal Sales and Excise Tax Refresher Sales Tax Division, SD Department of Revenue
Accommodations A block of rooms has been reserved at Ramkota Hotel (605-224-6877). Room blocks are for June 12 - 13, 2019. Be sure to mention Municipal League Finance Officers School when making reservations. **IMPORTANT: to guarantee this rate your reservation must be made by May 13, 2019. If a city has not yet set up direct billing and wants to be direct billed, request that when making reservations. Registration Registration can be found at www.sdmunicipalleague.org or call the SD Municipal League office at 800-658-3633.
Questions may be directed to Lori Martinec at martinec@sdmunicipalleague.org or by calling 605-2248654 or 800-658-3633.
South Dakota Police Chiefs’ Association South Dakota Sheriffs’ Association Spring Conference April 23-25, 2019 • The Lodge at Deadwood • Deadwood, SD Agenda
Tuesday, April 23
Thursday, April 25
Individual Business Meetings 1:00 p.m. SDSA Meeting 2:30 p.m. SDPCA Meeting
8:00 a.m. The Essentials of Human Resource to 12:00 p.m. Law Fred Pryor
5:00 p.m. to 7:00 p.m.
Vendor Hall Grand Opening/ Social
1:30 p.m. to 2:00 p.m.
Volunteers of America/Camp Postcard
7:00 a.m. to 8:30 a.m.
Registration Opens
3:00 p.m. to 5:00 p.m.
Social Media and the Darkweb Dakota State University
8:30 a.m.
Welcome and Presentation of Colors
1:00 p.m. to 4:00 p.m.
4:00 p.m. to 5:00 p.m.
Joint Business Meeting
2:00 p.m. to 3:00 p.m.
Wednesday, April 24
7:30 a.m. to 8:30 a.m.
Breakfast Buffet
9:00 a.m.
Federal/State Official Guest Speakers
11:00 a.m. to Cyber Security 12:00 p.m. Rick Wisser Noon to 1:00 p.m.
1:00 p.m. to 5:00 p.m. 5:30 p.m. to 6:00 p.m.
6:00 p.m.
10
Lunch - Vendor Hall
12:00 p.m. to Lunch - Vendor Hall 1:30 p.m.
.
Incident & Tactical Command Post Operations Stefan Pluta
Social Hour
Banquet & Awards Presentation
Vision of Hope/Bouncing Back After Overcoming Opioid Addiction Melanie Weiss
Accommodations A block of rooms has been reserved at the The Lodge at Deadwood (605-584-4800). Be sure to mention SD Police Chiefs’ Association. **IMPORTANT: to guarantee this rate your reservation must be made by March 22, 2019. If a city has not set up direct billing and wants to be direct billed, request that when making the reservation. Registration Registration can be found at www.sdmunicipalleague.org or call the SD Municipal League office at 800-658-3633. Send Registration to: Staci Ackerman South Dakota Sheriffs’ Association PO Box 187 Eureka, SD 57437
Questions may be directed to Lori Martinec at martinec@sdmunicipalleague.org or by calling 605-2248654 or 800-658-3633.
SOUTH DAKOTA MUNICIPALITIES
April
2 3 4 9
10-11 11
18-19
23-25 TBD
May 15-16
June 6-7 11-12 12-14
Events Calendar District 8 Meeting, Murdo District 9 Meeting, Keystone District 10 Meeting, Spearfish SD Building Officials, ICC Code Officials Institute Program, Rapid City SD City Management Association Meeting, Pierre SD Building Officials, ICC Code Officials Institute Program, Sioux Falls SD Municipal Street Maintenance Association Meeting, Pierre SD Police Chiefs/SD Sheriffs Joint Association Meeting, Deadwood SD Airport Management Association Meeting, Watertown SD Association of Code Enforcement Workshop, Pierre SDML Board of Directors Meeting, Rapid City Human Resource School, Pierre Finance Officers’ School, Pierre
APRIL 2019
TBD 25 26
July 11 17 18-19
SD Municipal Attorneys’ Association Meeting, Rapid City Budget Training, Pierre Municipal Debit/Credit Workshop, Pierre Budget Training, Sioux Falls Elected Officials Workshop, Pierre SD Building Officials’ Association Meeting, Pierre
August 14-15
Policy Committee Meetings, Fort Pierre
8 8-11
SDML Board of Directors Meeting, Aberdeen SDML Annual Conference, Aberdeen
20-23
NLC City Summit, San Antonio, TX
11
Joint SDML Board Meeting with County Association, Pierre
October
November December
11
It's Good to Share
Over the past several months, the Board of Directors for the South Dakota Public Assurance Alliance has carefully reviewed and considered extending the opportunity to the School Districts of South Dakota to become Members of our Pool. We believe that this opportunity will be beneficial to not only the School Districts who are able to take advantage of this opportunity, but also for the current Members of the South Dakota Public Assurance Alliance.
By Lynn Bren, Director of Member Services
Sharing is a concept that has been instilled in us since before we were able to walk and talk. From sharing toys and candy as a toddler, to sharing a ride to the next meeting, sharing is a crucial part of our culture. When you have something good, you want to share that with others. And that’s exactly what the SDPAA is doing.
12
Collective purchasing provides Members the opportunity to secure more coverage at a more competitive rate than what they may be able to obtain on their own. This collective purchasing power allows the SDPAA to maintain stable, yet competitive rates. The more entities that come together, the more there are to share in not only all of the good opportunities the SDPAA has to offer, but also the expenses associated with the handling of our claims.
School District trends and issues are not new to the staff and service providers for the SDPAA. The SDPAA Staff
SOUTH DAKOTA MUNICIPALITIES
has over 10 years of experience working with School Districts on claims and loss control issues, as well as being active in their own local Districts. The SDPAA service providers already work with schools for claims administration and loss control / property evaluation services. Claims Associates Inc. is the claims administrator for the SDPAA, and they have school-related claims experience in SD and WY. Safety Benefits Inc. has also worked with SD school districts addressing and assisting with loss control and risk management services, as well as some property evaluation services.
Many of the current Members of the SDPAA already have relationships with school districts in our state. Our law enforcement officers are serving as school resource officers, and many of our Cities work hand in hand with the Schools to engage the community for sponsored events and activities to promote all of the positives that those entities have to offer.
If you have any questions regarding the opportunities the SDPAA has to offer, please check out our website at www.sdpaaonline.org or contact our office at 800-6583633 Option 2.
SDML Directory Changes Aberdeen Blunt Chamberlain Flandreau Groton
North Sioux City
Delete: AIR Cody Roggatz Add: AIR Rich Krokel
Delete: CM Jeff Kiepke Add: CM Jessica Big Eagle
Delete: PC Joe Hutmacher Add: PC Jason Handel
Delete: ATT Paul Lewis Add: ATT Corey Bruning
Delete: ES Shawn Lambertz
Add:
FO Mike Hamm
Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2018-2019 Directory of Municipal Officials.
APRIL 2019
13
Limits on Property Taxes
Prepared by the South Dakota Department of Revenue
State law limits the amount of property taxes that local governments (counties, cities, townships, fire districts, etc.) can collect from their property owners. Local governments are limited to the amount of property taxes they collected last year, plus an increase for economic index factor of 3% or CPI (consumer price index), whichever is less, and a factor for new construction that occurred within the last year in that taxing jurisdiction. Please note, any Opt Out dollars received cannot be used in this calculation.
Last Year’s Taxes × (CPI + Growth %) = Increase of Tax Call Note: Pay 2020 CPI = 2.4%
The State Economist from the South Dakota Bureau of Finance and Management provides the CPI annually using federal statistics from the US Department of Labor. It is reported to the Department of Revenue, who forwards it to the counties by February of each year. CPI is available to all taxing entities and is the same for all taxing entities. State statutes allow for counties, fire districts, and cities to store any unused CPI factors from the previous three years. The Department of Revenue keeps track of the CPI usage and provides that information upon request.
Market increases in the value of the property within the taxing district automatically decrease the property tax rates to ensure that the caps are not exceeded. An example to illustrate how the property tax limitation works: • Last year, the total property valuation within a city was $100 million and the city collected
!R C HI T EC T UR AL /UT DOOR AND 2OADWAY ,I GHT I NG
7I T H OV ER A C ENT UR Y OF EX PER I ENC E I N PR OV I DI NG R EL I A BL E
ENER GY S A V I NG OUT DOOR A ND R OA DWA Y L I GHT I NG S OL UT I ONS
(OL OPHA NE A ND !%, A R E PA R T NER S Y OU C A N R EL Y ON #ONT A C T US T ODA Y A T
14
SOUTH DAKOTA MUNICIPALITIES
• • •
$300,000 from property taxes. To collect that amount, a levy of $3.00/$1,000 of value was calculated by the County Auditor. The CPI was set at 2%. A new subdivision was created creating 1% of new growth. Also, the County Assessor increased values based upon market indications. Under the limitation, the city can increase the $300,000 it received from property taxes last year by 3% (2% for CPI and 1% for growth) for a total of $309,000. To prevent the city from going over the cap, the tax rate calculated based on the $110 million of value within the district (market increases plus new growth) automatically lowers to $2.81/$1,000 of value.
Historically, property taxes had increased at a rate of about 6% per year since 1947. Property tax caps implemented in 1997 have significantly slowed this increase. If the historical rate of property tax growth had continued through the 1990’s, current property owners would be paying over $2.1 billion in property taxes. Instead, property owners are paying just over $1.2 billion of property taxes.
APRIL 2019
15
SLLC Files Supreme Court Amicus Brief in Employment Discrimination Case
Lisa Soronen, Executive Director, State & Local Legal Center
Fort Bend County is one of two employment cases of this Supreme Court term—both involving local governments as a party. This is a Title VII case so any employer could have been a party. This case illustrates the pervasiveness of employment issues for state and local government.
Before an employee alleging employment discrimination under Title VII (on the basis of race, color, religion, sex, or national origin) may bring a lawsuit in federal court he or she must exhaust administrative remedies by bringing formal charges with the Equal Employment Opportunity Commission (EEOC) (or equivalent state agency).
The question the Supreme Court will decide in Fort Bend County v. Davis is if an employee fails to exhaust administrative remedies with the EEOC before filing a
lawsuit is the lawsuit barred. The State and Local Legal Center amicus brief argues the answer to this question is yes. Lois Davis claims she was fired for not reporting to work on a Sunday (she attended a church service), in retaliation for reporting that she was sexually harassed and sexually assaulted by a superior. She filed sexual harassment and retaliation charges with the Texas Workforce Commission. After investigating, the Commission told her she could sue and she brought a retaliation and religious discrimination lawsuit against Fort Bend. Fort Bend pointed out she didn’t exhaust her administrative remedies by filing a charge of religious discrimination with the Texas Workforce Commission. Fort Bend argues that administrative exhaustion is a jurisdictional requirement of Title VII, meaning if an employee fails to satisfy it a court cannot hear the case.
QUALITY WATER T WASTEWATER TREATMENT
SUSTAINABLE ROADS
WATER RESOURCEES
INTERACTIVE GIS
IT MA ATT TERS. TERS To us, your project isn isn’tt a job - it’s it s an opportunity to make a positive impact, protect otect future generations, and ensure the vitality of w where we live and work. It matters.
Providing engineering g and related services to help clients achieve success. Advanced Engineering a and Environmental Services, Inc. South Dakota Offices: Rapid City, Sioux Falls, Spearfish
16
www.ae2s.com
SOUTH DAKOTA MUNICIPALITIES
Davis argues that exhaustion is a “waivable claimprocessing requirement” and that Fort Bend waived it waiting five years “and an entire round of appeals all the way to the Supreme Court” before raising it.
The Fifth Circuit held that the failure to exhaust administrative remedies is a waivable rule not a jurisdictional rule that would bar the lawsuit from proceeding. The lower court reasoned: “Here, Congress did not suggest—much less clearly state—that Title VII’s administrative exhaustion requirement is jurisdictional, and so we must treat this requirement as nonjurisdictional in character. The statute says nothing about a connection between the EEOC enforcement process and the power of a court to hear a Title VII case.”
Fort Bend argues courts may not “assume jurisdiction” over Title VII claims that were never brought before the EEOC because “[w]hen Congress establishes ‘a statutory scheme of administrative and judicial review,’ it generally intends to ‘preclude[ ] *** jurisdiction’ over claims that were not pressed through the requisite administrative channels.”
The SLLC amicus brief agrees with Fort Bend County and points out that the EEOC’s informal phases of investigation and conciliation promote judicial efficiency and resolution of disputes inexpensively and outside of court. The brief also explains how requiring employees to exhaust their administrative remedies is not burdensome and how holding that Title VII’s administrative exhaustion requirement is a mere claims-processing rule would impose significant costs on state and local governments.
Collin O’Connor Udell and Mara E. Finkelstein of Jackson Lewis wrote the SLLC amicus brief which was joined by the National Conference of State Legislatures, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the International City/County Management Association, the International Municipal Lawyers Association, the National Public Labor Relations Association, the International Public Management Association for Human Resources, and the National School Boards Association.
Evolved.
Perfectly designed to thrive in its environment. Adaptable enough to evolve with the times. Building smart for a solid future. It’s second nature at KLJ. KLJENG.COM
APRIL 2019
17
Thousands of South Dakota Voters Don't Live Where They Register
By Bart Pfankuch, South Dakota News Watch
Thousands of people who don’t live in South Dakota have become state residents, registered to vote and cast ballots in elections, which some lawmakers and election officials fear could unfairly alter elections.
State election officials say they are aware that people are claiming on voter registration forms to live at an address where they do not, but a lack of enforcement of state laws allows it to continue, South Dakota News Watch has found.
In Pennington County, about 6,300 voters are registered to a single rural address where it is clear no one resides; about 1,400 people are similarly registered to vote from a business address in Hanson County.
Some county auditors say they routinely approve voter registration forms, signed under penalty of perjury by applicants, which they believe contain false information
18
about where the applicant resides. A top election official in the Secretary of State’s Office said she is aware of voter registration discrepancies but has not been ordered by a court to challenge questionable registration applications. Critics worry that lax state residency requirements and the hands-off approach to voter registration enforcement have heightened the potential for voter fraud and election tampering in South Dakota.
The questionable nature of voter registration came to light in the ongoing court case involving incorporation of the town of Buffalo Chip in Meade County. After reviewing the case, a judge wrote a report confirming that a handful of people who claimed residency and registered to vote at the Buffalo Chip campground admitted at a public meeting that they do not live there. Daniel Ainslie, city manager of Sturgis, which opposes the Buffalo Chip incorporation, said the voter registrations at the campground are evidence of how the current system is flawed and potentially open to fraud.
SOUTH DAKOTA MUNICIPALITIES
“This is about voter integrity; we’re talking about people registering to vote in a state or a locale where they do not live,” Ainslie said. “What I’m worried about as a South Dakotan is that this is such a small state that it’s not hard for major parties to go over to Minneapolis or somewhere else and register 5,000 people to vote in South Dakota and flip a state legislative race or congressional election.”
Ainslie said he is shocked that state officials have been unwilling to address the flaws in the voter registration system. “It’s unbelievable to me if we allow that to occur,” he said.
State lawmakers considered a bill to tighten voter registration laws this session, but despite some concerns over potential election fraud, the measure died in its first committee.
Lack of enforcement across the state Many of the questionable voter registrations result from businesses that allow non-residents, often retirees traveling the country in recreational vehicles, to easily register to vote at the same time they register a vehicle and establish residency in South Dakota. People who register a vehicle and get a driver’s license in South Dakota can
People who register to vote in South Dakota must sign a form under threat of perjury and possible prison time on which they affirm that they live at the address listed. Thousands of people, however, are registered to vote in South Dakota but do not actually live here.
establish residency if they have a receipt showing they spent one night in the state. Some mailbox businesses have an RV park or motel rooms on site to make that process easier. The services performed by mail-forwarders all appear to be legal under state law.
Once a person establishes residency, registering to vote
WH WHA HAT TE EVER EVE VER R YO YOU UR S UR SITUA SIT TUA TU T UA ATIO TION, T O ON, ON DSG SG MA MA AKES W WA AT TER R WO WOR W OR O RK RK From wa waterr s system ys ms s to o indu industrial nd pumpin ng applications a applications, ap plic c from rom s storm m water attte e to meterin er ete t ng, ng we’re e experienced ienced d and an ready ead ady to o make ma yo our o u ur job easier sie er. Our O Our cre c ew w specializes sp pe p ecia aliz ze in co combi mbining mb g experience ience an and d inn novatio novation t n tto offer tio er you y so s olut s olutions o for your you challengin llengin ng g projects. jects Co Contact ntac us s to today da to o le learn ea more abo about how o DSG SG Gc can an help you you. y PLYMOU YM MOU M OU UT MN UTH, MN MONTICELLO, M TIC CE EL LLO, MN LL N FA AR RGO, ND RGO, RG N BISMAR BIS B RCK, CK K, N ND S UX SIOUX SIOU X FALL LLS, SD D RAPID PIID PID P D CITY C , SD D
X [800 8 ] [ 8] X [888] X [800 800] 80 X [855 85 ] X [800 800] 8 X [800 800]
328-3976 328 32 3 28 2 8-3 3976 3 29 295 295-9355 2 9355 3 342-4676 6 337-9258 258 6 660-5531 55 1 660-5538 660 66 60 6 0-5 5538
in informa ation@dsginc.biz on n@ @d iz | www w .dakotasupplygr ako otasupplygr roup.com ro oup oup p.. m APRIL 2019
19
only requires filling out and signing a one-page form.
However, the voter registration form requires the signee to affirm that, “I actually live at and have no present intention of leaving the above address.” The form states that an applicant who perjures themselves could face two years in prison and a $4,000 fine.
Pennington County Auditor-elect Cindy Mohler said she and other auditors have been instructed by the state that unless someone formally challenges the registration of a voter, they should continue to approve signed registration forms from any location in the county.
“We don’t police that and we don’t do research on this person to say have they really stayed there,” Mohler said. “We are taking the voter at their word.”
Mohler oversees a voting precinct in Box Elder where more than 6,300 people are registered to vote at the address of a mail forwarding company called Americas Mailbox, located on Americas Way.
“You could use somebody else’s address, whether it’s Americas Way or Cindy Mohler’s backyard,” she said. “When forms come in to our office, we have no way of knowing if you ever stayed. We have no way of proving that.”
A circuit judge who reviewed the Buffalo Chip incorporation case in 2016 was convinced that voter registrations had been improperly filed.
In his findings of fact and law, former Fourth Circuit Judge Jerome Eckrich ruled that voters who registered at lots on the campground site were not living there. “The ‘lots’ referred to in the voter registration form are just raw
ground,” Eckrich wrote. The judge also found that, “No one actually lives at the residence addresses identified on the Meade County Voter Registration forms.”
One address in the East River town of Emery is home to between 1,100 and 1,400 registered South Dakota voters, though none of them live at that location, said Hanson County Auditor Lesa Trabing. The legal voters at that address – home to the mail forwarding business My Home Address – make up roughly three times the total number of residents of Emery, which has a population of about 450.
Those registered voters form the largest voting precinct in the county, making up a third or more of the 3,300 active voters in the county, Trabing said. All of the voters registered at that address must sign the registration form under the threat of perjury.
Whether they live at that address or not, Trabing said that as long as the paperwork is filled out and signed, she certifies the applicants as legal voters. “The state knows about this and they say continue to register them,” she said.
Trabing said she does not know of a time the Emery motorvoters had an impact on an election, and added that no one has ever legally challenged their voter registration. She said she knows of several other South Dakota businesses that are registering vehicles and voters.
“These places are popping up all over; it’s a common thing anymore,” Trabing said.
On its website, My Home Address spells out for potential
CIVIL ENGINEERING & LAND L SURVEYING SERVICES
infrastructure noun in·fra·struc·ture the underlying foundation, framework and structures that are needed for a country, region, or organization to function properly.
IT’S WHAT T WE DO.
11111 N. LAKE AVENUE SIOUX FALLS, SD
20 S. MAPLE WATERTOWN, SD
520 N. LAWLER ST, #400 0 MITCHELL , SD 5 73011
605-271-5527
605-8 78-2120
605-292-02311 InfrastructureDG.com m
STRUCTURAL ENGINEERING / MUNICIP PAL AL ENGINEERING / TRANSPOR T TATION ENGINEERING & PLANNING / W WA ATER RESOURCES SITE DEVELOPMENT / CONSTRUCTION OBSERVA ATION T TION / PARKS & RECREATION ATION / LAND SUR SURVEYING VEYING
20
SOUTH DAKOTA MUNICIPALITIES
customers the advantages of registering a vehicle and gaining residency in South Dakota.
In a section called “Why South Dakota?” the primary answer is that the state has no personal income tax or personal property tax on vehicles. Further, it states that the one-time excise tax on vehicles is only 4 percent, that there are no vehicle inspections required. Another section notes that South Dakota does not have an inheritance tax.
Other mail forwarding services – such as Dakota Post and Your Best Address in Sioux Falls and Americas Mailbox in Box Elder – provide customers with similar reasons to register vehicles or obtain residency in South Dakota.
In an FAQ tab on the My Home Address webpage, the question, “Do I need to travel to South Dakota to become a resident?” is answered with the statement, “No!!!! You can establish your address and register your vehicle through the mail, but you will need to travel to South Dakota to obtain your driver’s license.” The fees to have mail forwarding and other services at My Home Address start at $150 a year and rise depending on services selected.
Bruce Kjetland, president of My Home Address in Emery, serves on the Hanson County Commission and said he has examined local voter data that he said show his mailforwarding customers do not have an impact on local elections.
“They don’t vote in school board or county commission races, but some voters will vote in legislative races and for president,” Kjetland said.
My Home Address follows all state laws and does not encourage customers to register to vote when they sign up for mail forwarding, get a driver’s license or establish residency, said Kjetland, a Republican. “We’re not here pushing that ‘Hey, you better go register to vote and vote Republican,’” Kjetland said. “We just do our job and help the customer do what they want to do.”
Kjetland said his clients are often traveling the country in recreational vehicles and simply need a home base and a place to establish residency. He said the registration fees paid by his clients generate about $450,000 a year in revenues that are split between the state and Hanson County.
“Their domicile is where they’re at because they kind of live all over, but they use South Dakota as their main address,” Kjetland said. “It’s great for South Dakota because they live everywhere but we get the money because they register here.”
Kea Warne, director for the division of elections within the South Dakota Secretary of State’s Office, said she is aware of the risks associated with mail-forwarding services and high levels of non-local voters registering there.
“They could maybe vote in someone different, and that could be an RVer,” she said. “They vote to not let a wheel tax go through, or a bond election. The precinct in Hanson County could change the outcome of that election.” At this time, there’s no way to know how many people are registered to vote in places they do not live. Other data can help fill out the picture, however.
About 60,000 out-of-state vehicles are registered in South Dakota, according to Wade LaRoche, a spokesman for the state Department of Revenue. Meanwhile, revenues from vehicle title and registration fees have doubled over the past decade, from $88.3 million in 2009 to $176.7 million in 2018, LaRoche said.
APRIL 2019
21
Other than a few weeks a year during the Sturgis motorcycle rally, the land around the Buffalo Chip Campground is largely vacant. A judge ruled that people who registered to vote at the campground address did not live there. Photo: Bart Pfankuch Perjury threat doesn’t stop registrations Warne said her office regularly fields phone calls from people who are registering to vote in South Dakota but get worried when they see the declaration of address and the perjury statement on the registration form.
“We get a lot of calls from RVers and they ask how they can legally sign that voter registration form,” Warne said. “We can’t give them any guidance, but they know they’re signing under penalty of perjury. If they are not living there, they are perjuring themselves with the information they are providing on that form.”
Yet Warne and other elections officials say they do not know of any registration challenges or criminal charges being filed against someone who misrepresents their residency on a voter registration form.
“That’s never been challenge in court, so unless there’s a court ruling challenging it, a county auditor who receives a voter registration and everything is complete and goes through all verification checks, the county auditor has to process that application,” she said.
The Secretary of State’s Office was hoping that the state Supreme Court or the judge in the Buffalo Chip case would rule in a way that gives finality that it is illegal to
22
America Mailbox is a mail-forwarding and vehicle registration business in Box Elder, and is one of several South Dakota businesses that provide quick residency to clients. Many of those clients then go on to register to vote at the business address even though they don't live there. Photo: Bart Pfankuch register to vote at an address a person does not live, though that did not happen, Warne said.
“We were hoping the Supreme Court would say that you can’t just camp one night and register to vote, that either yes, they can come in and camp at the location and register to vote, or else they can’t,” Warne said. “We were hoping we would get a determination on that.” “Just the thought that people can start hopping around to vote in Rapid City because they’re interested in the civic center expansion and then vote in Yankton because they’re interested in the pool referendum there. There may be people in Meade County who would like to vote in Rapid City to raise taxes to pay for a civic center that could benefit them, and that would be legal.” - Sturgis City Attorney Greg Barnier.
Election, voter fraud a national concern Concerns over voter registration policies in South Dakota come as questions about the fairness and sanctity of American elections continue to permeate the national discourse. Voter fraud and election tampering are at the heart of an ongoing dispute in North Carolina in which the state recently set a new election after allegations that absentee
SOUTH DAKOTA MUNICIPALITIES
ballots were manipulated to give one candidate an advantage.
In a sparsely populated state like South Dakota, it isn’t hard to find elections where a few fraudulent votes could swing an election. In 2018, seven legislative races were close enough to warrant a recount, and some county races came down to one or just a few votes.
A 2012 report by the Pew Center on the States highlighted serious flaws in the process of accurately and fairly registering voters across the country.
Titled “Inaccurate, Costly and Inefficient,� the study discovered that one in eight voter registrations in the United States, about 24 million, were no longer valid. The study found that 2.75 million people were registered to vote in more than one state, and that 1.8 million deceased people were still listed as registered voters.
The report concluded that voter registration methods are outdated and have not kept up with modern technology and are “plagued with errors and inefficiencies that waste taxpayer dollars, undermine voter confidence and fuel partisan disputes over the integrity of our elections.�
One element of the South Dakota registration form authorizes cancellation of voter registration in another area but provides no directions on how to do that or assurances it will take place.
South Dakota also places no time limit on how long someone must stay registered at a specific address, said Sturgis City Attorney Greg Barnier.
That means someone who had a position on issues far from where they live could simply register to vote in that area and cast a ballot there, Barnier said.
“Just the thought that people can start hopping around to vote in Rapid City because they’re interested in the civic center expansion and then vote in Yankton because they’re interested in the pool referendum there,� he said. “There may be people in Meade County who would like to vote in Rapid City to raise taxes to pay for a civic center that could benefit them, and that would be legal.�
Some state lawmakers are aware of the potential for abuse of the South Dakota voter registration system.
Rep. Tom Brunner, R-Nisland, filed House Bill 1129 this session to require that in order to register to vote, a person must actually live in South Dakota. Current law states that a voter must obtain residency 30 days prior to an election, but is somewhat vague on how legal residency is determined.
Existing law related to residency for voter registration states, “the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.� The “whenever absent, intends to return� language in the law has sometimes been cited by those who don’t believe that a person must live in South Dakota in order to vote here.
Brunner’s bill would strike that language and add stronger language requiring that, “a qualified elector may have only one residence, shown by an actual fixed permanent dwelling, establishment, or any other abode to which the person returns when not called elsewhere for labor or other special or temporary purposes.�
Brunner said he brought the bill after constituents neighboring uninhabited properties grew concerned that the owners of those properties could improperly vote in local elections. He said the language is modeled after a residency law in North Dakota. Continued on page 39...
‘Â?‰‡˜‹–› Â? ‰ ‹ Â? ‡ ‡ ” ‹ Â? ‰ • ‘ ÂŽ — – ‹ ‘ Â? • ˆ‘ ” Íł ͡ ÇĄ Íś Íł Íś † ƒ›• ĆŹ Â… ‘ —Â? – ‹ Â? ‰ Ĺ?Ç€Ĺ?ĹŻ ĹśĹ?Ĺ?ĹśÄžÄžĆŒĆ? Θ >ĂŜĚ ^ĆľĆŒÇ€ÄžÇ‡Ĺ˝ĆŒĆ? Ç Ç Ç Í˜Ć?Ä‚Ç‡ĆŒÄžÄ‚Ć?Ć?Ĺ˝Ä?Ĺ?ĂƚĞĆ?͘Ä?Žž APRIL 2019
23
By Chris Hill, SDMEA Director of Municipal Electric Services Superintendent - Foreman Conference Recap
Despite another potential winter weather scare and some attendees that were unable to attend due to the weather in their hometowns, we were still able to go forward with the 2019 Superintendent & Foreman Conference. The recap by the Safety Committee after the conference reported a great response from the attendees. Everyone loved the prime rib. There may be some things that we will change next year and the ideas are coming in already. Personally, I hope the presentation by the Director of Electrical Services about our legislative wrap-up and value of public power was informative. I want to thank Joni Livingston from MRES for helping with the presentation and reiterate that HCPD, MRES, and the SDMEA have been working together tirelessly on promoting the value of public power and ending threats of legislation. I think a few people may have found out how intense I can be and I do hope that you are glad that I am on your side. Please contact me if you would like to utilize any of the value of public power graphics for your communities. Also, please remember that the citizens of your municipality are who own the electrical system, so any changes, improvements, and rates are done by the citizens and for the citizens. Every citizen in your community should have the opportunity to receive all of the services that your municipality offers.
for more information regarding the value of public power and how to promote that to your citizens. This same information can also be found on Twitter at @sdmunielectric.
I did work on finding presenters that would focus on municipal electrics that may not have lineman on staff and what they should be doing while waiting for the contracted lineman to arrive. We have a few municipalities that have
Twitter and Facebook. While I may not have had the final presentation edits for the conference, I do want you to know that Sara (Director Marketing and Communications for the SDML) and I have been working on increasing social media interactions. If you follow the South Dakota Municipal Electric Association, you will have noticed several pictures from conference. You can also stay tuned 24
SOUTH DAKOTA MUNICIPALITIES
contracts with the local rural electrics and your response in those situations is very important for safety and reliability. The conference proved to be informative to all of the Municipalities. It is nice to meet with others in the same industry, to network and ask questions that may arise. I do understand that it can be intimidating, and the timing will not work for everyone, but I do encourage a representative from each of your municipalities to attend. Any are welcome to attend and use the information to enhance your knowledge as much or as little as you would like. If you don’t have a lineman in your hometown or they are unable to attend, it would be great to have your Finance Officer, Mayor, or a Council member attend the conference.
Turnover. Not apple or cherry turnovers. This is my third year with the SDMEA and I knew we were getting close, but it’s coming to fruition much sooner now. We knew, we were prepared, but it is going to be a strange transition as many of the board members are nearing retirement! The presentation to honor Todd Chambers for his years of service had many of the other “veterans” contemplating their future. While it may be an exciting time for them as they think of all they want to do after retirement, the turmoil of our municipalities in the transition of finding a qualified replacement (in many cases) can be a stressful situation. This isn’t a warning, but more of a form of advice. Those smaller communities who know that there is a retirement in the future, need to hire someone to replace the ONE lineman on staff as quickly as possible. Do not wait until the final 6 months of your current lineman’s service. There is a LOT to learn from the veterans and the training is vital and appreciated once they are gone. Also, if you are having trouble finding a lineman, do not hesitate to contact me about finding some training for the employees that you currently have or potential employees. Plankinton, for example recently hired Chance Boyd to take over for Vern Hill upon retirement. Chance is an electrician but will be working with MMUA to obtain his lineman training. It is also nice that he gets to learn from Vern as he is working on his training. We all know how difficult the budgets can be, but training someone will be worth it to you in the long run. It is your system to invest in, and the properly trained employees are just as valuable as the infrastructure they are maintaining.
Final takeaways. Prime rib is good. Chris Hill is very competitive and Senate Bill 66 is bad. The vendor bar needs to last longer. Ryan Thompson and Blair Healy are a bad combination. I would love to see a representative from every Municipal Electric. Electric Vehicles are coming. Safety is always the main concern. Take your time and do not get complacent. APRIL 2019
I really enjoyed visiting with everyone and wish we could get together more frequently. I look forward to next year already and hope that everyone had a good time this year. Thank you to everyone for allowing me to work for you. A special thanks to the board: President Russ Halgerson (Brookings Municipal Utilities), Vice President Jay Nordquist (Beresford), Bill Lewellen (Miller), Vern Hill (Plankinton) and Doug Enstad (Watertown Municipal Utilities). Also, thanks to the Safety Committee who sets up the conference and works hard to make sure that all presenters are lined up: Bill Lewellen, Doug Enstad, Brad Lawrence (Madison), Ryan Thompson (Brookings Municipal Utilities), and Monty Munkvold (Vermillion). The Superintendent & Foreman Conference is another chance to interact and learn about each one of our municipalities and find out what makes each HOMETOWN great.
Questions? Comments? Email me at Chris@sdmunicipalleague.org Call Chris: 605-770-6299
25
Volunteer Fire Assistance Grants Now Open
Grant applications for the Volunteer Fire Assistance (VFA) program will be accepted from March 11 to April 26, 2019.
The VFA program allows the South Dakota Department of Agriculture’s Wildland Fire Division to provide volunteer fire departments funding through the U.S. Forest Service. This funding is used to organize, train and equip fire departments in rural areas to prevent and suppress fires.
Rural fire departments or organizations who buy fire suppression, education and prevention equipment can be reimbursed for the cost through these grant funds.
The maximum grant this year is 50 percent of the project costs or $4,000, whichever is less. This grant can be used for either structural or wildland fire projects. Eligibility requirements, administrative considerations, parameters for uses of VFA funding and the application can be found at: https://wildlandfire.sd.gov/admin/VFA.aspx. All
26
applications must be received by mail and postmarked no later than April 26, 2019. Grants will be awarded near the middle of May. For more information, contact Jim Burk or Casey Glines by calling 605.393.8011.
South Dakota Wildland Fire can be found on Twitter @SDWildlandFire and on Facebook by searching SD Wildland Fire.
Agriculture is a major contributor to South Dakota’s economy, generating $25.6 billion in annual economic activity and employing over 115,000 South Dakotans. The South Dakota Department of Agriculture's mission is to promote, protect and preserve this industry for today and tomorrow. Visit us online at sdda.sd.gov or find us on Facebook, Twitter and Instagram.
SOUTH DAKOTA MUNICIPALITIES
Finance Officer of the Year 2019 - 2020 South Dakota Governmental Finance Officers’ Association
2019 - 2020 "FINANCE OFFICER OF THE YEAR" Official Nomination Form All nominations must be submitted in writing by May 1, 2019. The Finance Officer of the Year award will be presented during the 2019 Finance Officers’ School held June 12-14 in Pierre.
Name of Nominee: Position: Years of service to the municipality: Contributions to the municipality as a Finance Officer:
Contributions to the community as a citizen:
Significant contributions to any other organizations:
Personal accomplishments:
Other Comments:
Submitted by: DEADLINE: May 1, 2019 Nominations will be kept confidential. Use additional paper if necessary. Additional nomination letters are welcome.
Phone: Please submit to: South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532 )D[ -224-8655
As the 2017 H HP Partner of the Year Year, e Riverside T Technologies echnologies Inc Inc. (RTI) is confident c that we can sa ave you money imm mediately on your H HP genuine OEM printer p cartridges. We W are a trusted IT s source and have yea ars of experience m meeting the needs of citie es and municipalities s.
Studies show shhow orrganiz ganizat ions t hat implement managed print ser vices v reduce their print rintt ing costs bbyy an averrage age of 30 percent .*
REDUCE Y YOUR OUR PRINT P COST BY 30% %
Genuiine OEM
Printers
Print S Solut ions As a member of the SDML organization n, you can take advantage of significant savings on HP P toner, print supplies, and printers.
Call or email us today for m more iinformation f i n!! Dan Pollem ma Ó DPollema a@1RTI.com 605.359.9300
Print S Success Best Pricee on all Your Your Print Suppply Needs
Òäëðåöë Éîëñì Čà ÅÚÑĊï Éñåàáá ðë ÏÝêÝãáà Òîåêð Õáîòåßáï Öäá ÖîåâáßðÝ ëââ ÅëîìëîÝðá Äáêáğðï č Ðëò
w w w.1RTI . com
866.804.4388
DOL Announces New Proposed Overtime Rule The New Potential Salary Threshold
By: Cody Elyse Brookhouser-Sisney
On March 7, 2019, the Department of Labor (“DOL”) announced the long-awaited proposed rule containing the new salary threshold for employees to be exempt under the Fair Labor Standards Act. The new proposal would update the salary threshold from the current $455 per week (or $23,660 annually) to $679 per week (or $35,308 annually).
The proposed rule would make it such that employees making under $35,308 would be entitled to overtime pay (time and a half) if they work more than 40 hours per week. The job duties tests for the white collar exemptions would not change under the proposed rule.
Although this is a substantial jump from the current salary threshold, it is significantly lower than the Obama administration’s proposal of $913 per week (or $47,476 annually). While the Obama administration’s proposal would have impacted an estimated 4.2 million employees, it was blocked by a federal court in 2016. It is estimated
that the new salary threshold would impact over 1 million employees. Of course, this will affect any employer who currently classifies an employee as exempt, but compensates the employee below the new threshold.
Along with the new proposed rule, the DOL is asking for public comment on whether the salary threshold should be updated—in the DOL’s discretion—every four years. Any such periodic update would require notice to the public and a time for public comment. Another change would be the salary level for the Highly Compensated Employee (“HCE”) exemption. The new rule would significantly increase the salary level for HCEs from the current $100,000 to $147,414.
The proposed rule is expected to be published in the Federal Register in the coming weeks. At that point, there will be a 60-day public comment period. Although many experts expect that the new rule will be the subject of multiple lawsuits, the DOL expects the final rule to go into effect in January 2020.
Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100
hdrinc.com
APRIL 2019
29
Transportation Economic Development Grants
The South Dakota Department of Transportation has developed a grant program to foster economic development and enhance community access in South Dakota. The program has three categorical purposes. •
•
•
The Industrial Park grants will be made to any local unit of government for the development of new or expanded access for new industry located within industrial parks. Applications are due April 15, July 15, or October 15.
The Agri-Business grants will be made to any local unit of government for the development of new or expanded agri-business industries. Applications are due April 15, July 15, or October 15.
Community Access Grants are state funds for towns less than 5,000 in population and are for the construction or reconstruction of major streets in each town such as Main Street, the road to the elevator, schools, hospitals, etc. Applications are due July 15.
These programs provide for 60% of the construction costs of the project, not including engineering or utility work. Grant size is limited to $400,000.
30
Application Should Include
• Clear map showing the project location • Engineer's Estimate • Resolution of support from the local sponsor Project Requirements •
•
• •
Designed in accordance with the South Dakota Department of Transportation Standard Specifications for Roads and Bridges Must comply with the American's with Disabilities Act Funds cannot be used for routine maintenance Must have plans and specifications stamped by a registered professional engineer
All grants will be based on the criteria developed by the Department of Transportation. The expenditure authority for the program will be determined by the Transportation Commission. All grants must be approved by the Transportation Commission, and may be used to construct or reconstruct roads and streets in the community. All aspects of these grant programs are outlined in the Fact Sheets and Policies for Industrial Park, Agri-Business Access, and Community Access Grant Programs.
SOUTH DAKOTA MUNICIPALITIES
CITY CIT Y HI HIGHLI GHLIGHT GHT
Abber Abe Aberd beerd rdeen rd de dee deen een en
Z
KX XQWLQJ WR ZDWHUVSRUWV RQ R WKUHH ORFDO ODNHV each season is special. We We also boast over 32 miles of recreation trails, three golf courses, community i gardens, d an arboretu b m, a nature area and more. #3: Safe and Clean Com mmunity – W Wee pride ourselves on beautiful and an outdoor-friendly places for our residents and visitors. That’s ZK K\ \ ZH KDDY YH ZHHNO\ VWUHHW VZHHSLQJ DQ annual free community--wide cleanup, dog SDUUN NV D UHF\FOLQJ SURJUDP VXPPHU ORQJ mosquito spraying and lots of places for youth to spend their timee, indoors and out. #4: Healthcare and W Wellness elllness – Some of the many healthcare-related d amenities include two hospitals, elder care c facilities and programs, a cancer carre center, multiple ¿WQHVV FHQWHUV KHDOWK\ K\ IIRRRG RSWLRQV a salt cave, hot & aeerial yoga studios and a community suppport provider for developmental disabilitiees. #5: Transportation – With an average
D
children and adults as well as a wide variety of licensed daycare and preschool options. Wee’re proud to be home to Northern State U i University i , Present P ation i C ll ge, quality Colle li public schools and three private schools, Head Start, a great YMCA, Y and a brand-new Boys & Girls Club. #7: Arts and Culture re – Home to a diverse UDQJH RI H[SHULHQFHV $EHUGHHQ R൵ ൵HHUV DUW galleries, dance prrograms, theatre, civic V\PSKRQ Q\\ 6RXWK 'DDN NRWD )LOP )HVWLYDO &HOWLF )DLUH 2N NWWREHUIIHHVW 6QRZ 4XHHQ Festival, the Dacotah ah Prairie Museum and a recently-constructeed public library, among other opportunities. #8: Spectator Sportts – Aberdeen is home WR WKH :LQJV D 7LHU ,, MXQLRU LFH KRFNH\ team, as well as thee Hub City Hotshots, a collegiate wood-bat baseball team. W Wee also have a lacrosse club, the Aqua Addicts water VNL WHDP DQG GLUW WUDFN UDFLQJ 3OXV UHVLGHQWV root on both the NSU UW Wolves olves and PC Saints. Find out more at ab berdeensd.com.
Provided b byy Aberd A rdeen Chamber of of Commerce C
APRIL 2019
31
Risk-Sharing
Notice Requirements: What Role Do You Play?
Jennifer Andrisen Selzler, SCLA AIC CSRP SDWCS Claims Associates, Inc.
Early knowledge of an injury is essential when handling a workers compensation claim. There is no question that investigations are most fruitful when information is fresh and events vivid in the minds of employees, employers, and witnesses.
South Dakota recognizes the importance of timely reporting by imposing a very short notice requirement on the injured employee. Under SDCL 62-7-10 an employee must report an injury “immediately or as soon thereafter as practical” and provide written no later than three business days after the occurrence.
However, those notice requirements are not absolute. The statute also contains exceptions to the three-day written notice rule for occasions when an employer has actual knowledge of the injury or there is a good cause for the employee’s failure to provide written notice. Furthermore, the courts have determined that written notice isn’t mandatory. If an employee timely tells a supervisor of an incident or injury, they have met the requirement.
Once the employee gives notice of an injury or the employer has knowledge of an injury, then what? What does the employer do? Although notice from the employee is important, it may be even more important for an employer to report the incident to the insurer/provider as soon as possible.
Please remember that the Employer’s First Report of Injury is the communication between the employer and insurer/provider (not the employee and the insurer/provider). While statute allows seven days for the employer to submit the First Report of Injury, we encourage it as soon as practical.
With the information at the claims adjuster’s desk as soon as possible, it benefits both the employer and the employee: • Timely investigation and determination of compensability • Early identification of red flags • Prompt medical coordination and authorization • Fosters communication Members of the SDML Workers’ Compensation Fund do an exemplary job of reporting their claims to our office. As the chart describes, 12% of claims are reported within a day and 73% within a week. This means that 85% of claims are at our office within a week. Would we like them sooner? Sure. Are we still pleased? You bet! Timeline from injury to Claims Associates
Report a workers’ compensation claim to Claims Associates Inc. Email: claims@claimsassoc.com Fax: 605-333-9835 Call the Nurse Hotline: 877-899-9112
32
SOUTH DAKOTA MUNICIPALITIES
CAT 140M3 MOTOR GRADER JOYSTICK CONTROLS
OPERATE THE WAY YOU WANT Now you can get a new Cat motor grader with either joystick controls ®
or steering wheel & lever controls. Both feature the comfort, efficiency, dependability and technology you expect from Cat.
CAT 140 MOTOR GRADER
STEERINGWHEEL / LEVERS
BUTLERMACHINERY.COM
Washington Report: By John Thune
There’s unfortunately little doubt that we’re living in an era where it’s often more difficult than it needs to be for the two parties in Washington to come together on certain issues facing the country. I strongly believe that it’s important for elected leaders to have debates and exchange ideas, and I also believe we can have honest disagreements without being disagreeable with one another. It’s a responsible way to govern – something we owe to the people who elected us to serve.
While there are plenty of policies over which there are robust disagreements these days – disagreements I know we will be able to overcome – there is at least one topic, among several, that always seems to have strong bipartisan support: ending illegal and abusive robocalls that are affecting people across the country, including in South Dakota.
No one is immune to these annoying and potentially dangerous calls. I receive them. My friends and family receive them. Even my 99-year-old dad receives them. According to the Federal Trade Commission and the Federal Communications Commission (FCC), two federal agencies over which the Senate Commerce Committee has jurisdiction, unsolicited robocalls are among the top consumer complaints they receive, and it’s no wonder.
How many times have you heard your phone ring, seen a somewhat familiar number or area code, and answered it only to find out it’s either a scam or an unsolicited call that you had no interest in receiving. Some of these scammers intentionally target elderly victims and trick them into believing a family member is in trouble and urgently needs money. Others pretend to be a representative from a utility company and tell unsuspecting customers that without a quick payment, their power or water will be shut off. It doesn’t matter what the tactic is, their motives are despicable, and it must stop. 34
One Thing We Can All Agree On Illegal and abusive robocalls are a problem, but I don’t want to confuse them with other automated calls on which many consumers often rely. For example, if you’re on your way to the airport and your flight is canceled, if there’s a fraud alert on your credit card, or if you’re being reminded of an upcoming medical appointment, those are generally calls you want to receive. Different rules of the road apply for these types of calls, and they should.
When I was chairman of the Senate Commerce Committee, I convened a hearing on the topic of illegal and abusive robocalls and heard from a wide range of individuals – from people who are tasked with targeting scammers and holding them accountable to the scammers themselves. I actually issued a subpoena to compel the testimony of perhaps the most infamous robocaller known to U.S. officials, Adrian Abroamovich. He’s currently facing $120 million in FCC penalties for making nearly 100 million robocalls throughout the country.
At the end of 2018, I introduced bipartisan legislation that would give federal regulators more tools and greater flexibility to find illegal robocallers and penalize them for their actions. The Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act would also bring together relevant agencies at the local, state, and federal level to tackle this issue with a collaborative approach, which, I believe, will be required to win this fight. I recently reintroduced the TRACED Act, and it enjoys the same kind of bipartisan support this year that it had last year. As chairman of the Commerce Committee’s Subcommittee on Communications, Technology, Innovation, and the Internet, I will be in a strong position to move the ball down the field on this important issue again this Congress. I think I can speak for all Americans when I say enough is enough. It’s time to act on this, and I look forward to leading this important effort.
SOUTH DAKOTA MUNICIPALITIES
May 1 - 5 Black Hills Film Festival Hill City
MAY Hometown Happenings
May 3 Korczak Day at Crazy Horse Memorial Crazy Horse May 4 Frühlingsfest and Spring Market Rapid City
May 5 Gospel Music with Orion & Stacey Potter & Co. Spearfish May 6 Anne’s Day at Crazy Horse Memorial Crazy Horse May 11 Chris Young Rapid City
May 11 Wells Fargo Cinco de Mayo Falls Park Fiesta Sioux Falls May 12 Mother's Day Celebration Watertown
May 16 Summer Porch at Strawbale Winery Renner
May 17 - 19 State Parks Open House and Free Fishing Weekend Pierre Sound of Silence Tesla Rally Custer
May 19 Strawbale Winery Sangria Sundays Renner
May 21 Ruth's Day at Crazy Horse Memorial Crazy Horse May 23 Summer Porch at Strawbale Winery Renner
May 24 - 27 Memorial Day Weekend Open House at Crazy Horse Memorial Crazy Horse May 24 - 26 Annual Sturgis Off Road Rally Sturgis
South Dakota Kayak Challenge Yankton
May 24 - September 29 Legends in Light ® Laser Light Show at Crazy Horse Memorial Crazy Horse
For details on each event visit www.travelsouthdakota.com.
w w w. i n t e r s t a t e e n g . c o m 316 S. Coteau, Ste. 300, Pierre / (605) 224-4380 123 E . Jackson,, Ste. 1,, Spearfish p / (605) ( ) 642-4772 transportation/water/sewer/funding/planning anning/surveys/project management
APRIL 2019
35
American Council of Engineering Companies of South Dakota Members Engineering for a better South Dakota since 1956 VISIT US! www.acecsd.org
Rapid City 605.388.0029 Pierre 605.224.9535 Sioux Falls 605.332.5371 www.amengtest.com
Stree ets • Sewer • Drainage Water • Airports • GIS Electrical Power Trusted. Professional. e S Solutions.
Sioux Falls, SD 605-339-4157
GEOTECHNICAL • ENVIRONMENTAL • NONDESTRUCTIVE TESTING CONSTRUCTION MATERIALS TESTING PETROGRAPHY • BUILDING TECHNOLOGY • PAVEMENT
dgr.com
Yankton, S SD 605-665-2 2002
email:dgr@dgrr.com
ENGINEERING A
BETTER COMMUNITY civil/municipal/transpor tation land /site development drainage analysis & sys tems wa te r t r e a t m e n t , s to r a g e & d i s t r i b u t i o n was tewater c olle c tion & treatment GIS/sur veying Brook ings | Sioux Falls | Vermillion | Milbank | Rapid Cit y Y Y Y D C P P G T CU U Q E KC VG U E Q OŢ ^ Ţ VQ NN H TG G
Z 4 31 N . P h i l l i p s Ave , S u i t e 4 0 0
| S i o u x Fa l l s , So u t h Da ko t a
Z HRGREEN.COM
T R A NSP OR TAT ION + WAT ER + GOV ER NMEN TA L SER V I C E S L A ND DE V E LOPMEN T + EN V IRONMEN TA L + C ONS T RU C T ION
DƵŶŝĐŝƉĂů ŶŐŝŶĞĞƌŝŶŐ͕ >ĂŶĚ ^ƵƌǀĞLJŝŶŐ͕ dƌĂŶƐƉŽƌƚĂƟŽŶ͕ ŽŶƐƚƌƵĐƟŽŶ ĚŵŝŶŝƐƚƌĂƟŽŶ͕ ĞǀĞůŽƉŵĞŶƚ ĂŶĚ ^ƵďĚŝǀŝƐŝŽŶ WůĂŶŶŝŶŐ͕ ƌĂŝŶĂŐĞ͕ tĞƚůĂŶĚ ĞůŝŶĞĂƟŽŶ ĂŶĚ DŝƟŐĂƟŽŶ www.sayreassociates.com / Phone: (605) 332-7211
Sioux Falls | W a terto wn | Mitchell
605-271-5527 InfrastructureDG.com
w w w. i n t e r s t a t e e n g . c o m 316 S. Coteau, Ste. 300, Pierre / (605) 224-4380 123 E . Jackson,, Ste. 1,, Spearfish p / (605) ( ) 642-4772
Structural Engineering | Municipal Engineering Transportation Engineering/ Planning | Water Resources | Site Development Land Surveying | Construction Observation | Parks & Recreation
transportation /water/sewer/funding/planning/surveys/project management
SPN H
Schmucker, Paul, Nohr and Associates
elms & Associates Civil Engineers & Land Surveyors
2100 North Sanborn Blvd.²PO Box 398 Mitchell, SD 57301 Toll Free 1-800-952-3598 221 Brown Co. Hwy 19 P.O. Box 111 Aberdeen, S.D. 57402 Toll Free 1-888-378-4394
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
KLJENG.COM
Building a Better World for All of Us
®
Engineers | Architects | Planners | Scientists 800.325.2055 • sehinc.com/subscribe
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 April 10 for the May 2019 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-224-8655. Visit www.sdmunicipalleague.org for more classifieds.
ADMINISTRATIVE ASSISTANT-POLICE: Madison, SD - The City of Madison is accepting applications for a full time Administrative Assistant for the Police Department. This position is responsible for assisting in the operation of the department, including customer service, maintaining case files, and preparing reports. Requires excellent oral and written communication, skill with technology, and a high school degree or equivalent. Wage starts at $18.26. Excellent benefits package. Position closes April 5, 2019 at 5 p.m. To view a full job description and apply, visit www.cityofmadisonsd.com. EOE.
CITY MAINTENANCE ASSISTANT: Emery, SD - The City of Emery is taking applications for a Part Time City Maintenance Assistant. Job duties would include assisting the Maintenance Supervisor with garbage routes, snow removal and other jobs as assigned. This position is approximately 10-20 hours per week with additional hours during bus months. Pay is dependent on experience. Open until filled. Please submit application to the City of Emery office at 560 SD Hwy 262, Emery, SD 57332 or email to emerycity@triotel.net or mail to PO Box 38. EOE.
CLUBHOUSE & EVENT CENTER MANAGER: Beresford, SD - The City of Beresford is recruiting for the position of Clubhouse and Event Center Manager for the Beresford Community Center and Clubhouse Facility. A complete job description is available by calling 605-763-
2008 or can be found on the cities website at www.beresfordsd.com. Candidates must have a high school diploma or equivalent along with 3 plus years of previous experience working as a golf course clubhouse manager and/or a banquet/event center manager or an equivalent combination of relevant experience necessary to perform the work. Working knowledge of food service preparation and delivery is desired. ServSafe Certification is required within 90 days of hire. Salary negotiable depending on experience and qualifications. An excellent benefits package is provided. Please submit letter of interest, resume, three professional references, three personal references and salary history to City of Beresford; City Administrator, 101 N. 3rd Street, Beresford, SD 57004. Position is open until filled. EOE.
JOURNEYMAN/APPRENTICE LINEMAN: Groton, SD - The City of Groton is accepting applications for a full-time Journeyman or an Apprenticed Lineman. Please send your application and resume to PO Box 587, Groton, SD 57445. Applications can be found online at https://city.grotonsd.gov. Position is open until filled. Wage depends on experience. EOE. PART TIME DEPUTY POLICE OFFICER:Burke, SD - The City of Burke is accepting applications for a part time Deputy Policy Officer. Salary negotiable based on qualifications. Certification preferred. Benefit package also negotiable. Applicant must be highly motivated with a great work ethic and have the ability to work cooperatively with other agencies, the public and City personnel. Please submit cover letter and resume to the City of Burke, Attn: City Finance Officer, PO Box 250, Burke, SD 57523. Resumes can also be emailed to burkecc@gwtc.net. Phone inquiries at 605-775-2913. The City of Burke is an EOE.
PLANNING DIRECTOR: Huron, SD - The City of Huron has an opening for a Planning Director. Work involves current and long range planning programs for the
Tomor o rrow
In nves vesting in infrastructure is an inves vestment in
> Streets > Se ewer > Drainage > Water > Airports > GIS > Electrical Power
Sioux Falls, SD 605-339-4157
Trusted. Prroffessional. essional. Solutions. 38
Yankt a on, SD 605-665-2002
dgr.com
SOUTH DAKOTA MUNICIPALITIES
City Acts as the principal staff person for the City Planning Commission and the Huron Board of Historic Preservation. Salary range is $61,021-$92,487. Health insurance, term life, retirement, vacation and sick leave. Bachelor's degree in Planning or related field with (3) years demonstrated experience in planning and zoning. Application packets available at City Finance Department, 239 Wisconsin Ave SW, 605-353-8505, Department of Labor & Regulation, 2361 Dakota Ave S, 605-353-7155, online at https://www.huronsd.com/city-government/cityemployment or George Merkel, Civil Service Secretary/Examiner, 456 14th St. SE, 605-352-4226.
POLICE OFFICER: Rapid City, SD - The City of Rapid City is looking for full-time Police Officers. With a commitment to Community, Service, and Integrity, Rapid City's Police Department offers a progressive law enforcement work environment, along with fantastic benefits, including employer-paid health insurance premiums and 8% retirement employer-matching. Applications and information may be obtained from the city website at www.rcgov.org. Deadline for application submittal is 1:00 p.m. on May 5, 2019. Visit www.sdmunicipalleague.org for more classifieds.
Continued from page 23...
“We’ve got some issues where people don’t have a residence and … they’re not an established resident in an area and they’re affecting the vote and outcome of elections,” Brunner told the House State Affairs Committee in early February. The bill was opposed by Warne, who said the “special or temporary purposes” language was too broad and placed an unwieldy burden on county auditors to interpret what special purposes might be.
The committee voted 10-3 to kill the measure but not before lawmakers, including House Speaker Steven Haugaard, R-Sioux Falls, expressed concerns that South Dakota elections could be subject to fraud if residency changes aren’t made.
“I agree there’s a high potential for some districts, where a handful of votes make a difference, so we need to give this attention very quickly,” Haugaard said, noting that he’s heard of situations where groups of like-minded people were bussed into an area to register to vote in order to unfairly swing an election.
“I know there are abuses that take place in a lot of states. It hasn’t been quite so much here yet, but it’s on the horizon,” said Haugaard, who suggested voter registration would be a suitable topic for a summer legislative study.
This story was produced by South Dakota News Watch, a non-profit news organization. Find more in-depth
When you have a pr p oject on the horizon...
THINK CLARK ENGINEERING
With 80 years of experience, you can have peace of mind knowing we will be there guiding you every step e of the way from the feasibility study, through the consttruction phase, to wrapping up with a warranty inspection. Here today. Here tomorrow. Learn more at Clark-eng.com APRIL 2019 2017
YEARS
39
40
SOUTH DAKOTA MUNICIPALITIES
Municipal Calendar S
7 14 21 28
M 1 8 15 22 29
April 2019 T W T 2 3 4 9 10 11 16 17 18 23 24 25 30
F 5 12 19 26
S 6 13 20 27
S
April
5 12 19 26
M
6 13 20 27
May 2019 T W T 1 2 7 8 9 14 15 16 21 22 23 28 29 30
F 3 10 17 24 31
S 4 11 18 25
At least one day before the election – The Finance Officer must deliver the precinct registration lists to the local election officials. (SDCL 12-4-24; See Hdbk., sec. 7.170)
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.
May
First meeting in May – The financial officer is required to make an annual report to the governing body no later than the first regular meeting of May each year. The report must include the receipts, expenses, and financial condition of the municipality, including the amount of funds in the treasury at the time of making the report and where and in what amounts such funds are deposited or invested. The report shall be published in the official newspaper within thirty days after the report is made to the governing body or on completion of the annual audit. By the last day of May each year, the finance officer shall file a copy of the report with the Department of Legislative Audit. (SDCL 922-21; See Hdbk., sec. 12.080)
No later than May 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600)
May 1 – Special assessment installments which are payable under either the Plan One or Plan Two options become delinquent. (SDCL 9-43-109; See Hdbk., sec. 12.160)
First meeting following election – Except as otherwise provided, every officer of the municipality will begin to discharge the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office. The oath must be filed within ten days after the first meeting of the month following the election or appointment. (SDCL 9-14-5; See Hdbk., sec. 5.115)
Tooll Free: 1-844-599-0757 -0757 dakotaplaygground.com m E-mail: sales@ @dakotaplaayground.com
APRIL 2019 2017
41
First meeting following election – Appointed municipal officials are usually appointed. The appointment may be annual, or for an interval determined by the governing body. (SDCL 9-14-3)
First meeting following election – In municipalities having the mayor and common council form of government, the council must elect a president and vicepresident for the ensuing year. (SDCL 9-8-7; See Hdbk., sec. 2.520)
First meeting following election – In municipalities governed by a mayor and four commissioners, the board must designate by a majority vote, the following commissioners: Public Safety, Public Works, Utilities, and Finance and Revenue. Commissioners are assigned areas of responsibility under the law. (SDCL 9-9-18 to 9-9-24; See Hdbk., sec. 2.590)
First meeting following election – In municipalities governed by a mayor and two commissioners, the board shall by a resolution adopted by a majority, assign and apportion between the members, all duties that are not assigned to the mayor. (SDCL 9-9-27; See Hdbk., sec. 2.595) First meeting following election – In those municipalities employing a city manager and under the commissioner form of government, at the first regular meeting in the month following the annual election, the commissioners
A Strong Public Finance Partner in South Dakota 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
By May 15 – The secretary of revenue shall apportion the money in the local government highway and bridge fund. (SDCL 32-11-35; See Hdbk., sec. 12.255(6))
Tax levy – The governing body of the municipality may impose an excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. The decision to increase taxes must be published within 10 days of the decision (certain publication size restrictions apply), and may be referred upon a petition signed by at least five percent of the registered voters in the municipality and filed within twenty days of publication of the decision. The referendum election shall be held on or before October first preceding the year the taxes are payable. (SDCL 10-13-36; See Hdbk., sec. 12.170)
Last Monday of May – Memorial Day – State holiday (SDCL 1-5-1) 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.
WANT AFFORDABLE HOUSING FOR YOUR COMMUNITY? START THE DISCUSSION WITH SDHDA AND TAKE THE NEXT STEP
Primary areas of focus include: ¡ Cities ¡ Counties ¡ School Districts ¡ Rural Water Utility Finance ¡ Healthcare Finance ¡ Lease-Purchase Financing Ä 1RQSURÂżW (QWLWLHV Ä $OWHUQDWLYH (QHUJ\
450 Regency Parkway | Suite 400 | 2PDKD 1( | dadavidson.com
42
must elect one of their members to serve as mayor for a term of one year. (SDCL 9-10-6; See Hdbk., sec. 2.615)
S O U T H
D A K O T A
D E V E L O P M E N T
A U T H O R I T Y
sdhda.org SOUTH DAKOTA MUNICIPALITIES
Let’s show th the world dw what at w we e can do tog gettherr.. Day by day. Project by pr p oject. Tog T og get ether we’rre bri bridging ng what’s possible s and m movin ng the world forward. n
sehinc.com/subscribe • 800.325.2055
SDML • 208 Island Drive Ft. Pierre, SD 57532
Periodical