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Sioux Falls, South Dakota | Phone 605.339.9800 | 800.339.1111 tgrimmond@doughertymarkets.com Pierre, South Dakota | Phone 605.224.5557 | 877.224.5557 tmorris@doughertymarkets.com Member SIPC/FINRA
Official Monthly Publication
Member of National League of Cities
www.sdmunicipalleague.org
South Dakota MUNICIPALITIES
Managing Editor: Yvonne A. Taylor
PRESIDENT Debbie Houseman Finance Officer, Lake Andes 1st VICE PRESIDENT Steve Allender Mayor, Rapid City
2nd VICE PRESIDENT Amy Leon City Manager, Yankton
TRUSTEES Fay Bueno Finance Officer, Sturgis
Editor: Sara M. Rankin
DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster
Dist. 2 - Jennifer Eimers Finance Officer, Madison Dist. 3 - Dawn Murphy Finance Officer, Tea
Dist. 4 - Becky Brunsing City Administrator, 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 - Dave Geisler Mayor, Murdo
Carolynn Anderson Finance Officer, Wall Harry Weller Mayor, Kadoka
PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City
Dist. 7 - Arnold Schott Mayor, McLaughlin
Dist. 9 - Laurie Woodward Finance Officer, Custer Dist. 10 - Michelle DeNeui Finance Officer, Spearfish
LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655
Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: David Pfeifle Executive Director Kristina Peterson Director of Underwriting Lynn Bren Director of Member Services Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant
Features
Contents
2020 Legislative Summary . . . . . . . . . . . . . . . . . . . . .6
Toilet Paper Hoarding Leads to Ruckus Down the Line . . . . . . . . . . . . . . . . .7 Human Resources School Agenda . . . . . . . . . . . . . . . .8
Scholarship Funds Available . . . . . . . . . . . . . . . . . . . .9
Finance Officers’ School Agenda . . . . . . . . . . . .10-11
Police Chiefs' and Sheriffs' Association Conference Agenda . . . . . . . . . . . . . . . .12
A Unique Issue for Local Governments in the Information Age . . . . . . .14
Emergency Community Water Assistance Grant Funds Available . . . . . . . . . . . . . . .16
USDA Increased Rural Population Limits to 50,000 for Some Loan Guarantee Programs . . . . .18
The Next Generation of Public Servants. . . . . . . . . .20
SDMEA Hometown Power . . . . . . . . . . . . . . . . . . . .22
Bridge Improvement Grant Recipients . . . . . . . . . . .24 Finance Officer of the Year Nomination Form . . . . .25
Limits on Property Taxes . . . . . . . . . . . . . . . . . . . . .27 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 . . . . . . . . . . . . . . . . . . . . . . .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 2020
VOLUME 86, NUMBER 10
3
Director's Notes These are certainly interesting times, and I am so proud to work for you, the municipal governments who are protecting your citizens, every day, every year. Your ability to “roll with it” and adapt when crisis hits has unfortunately been proven too often lately, from floods, to blizzards, to tornados, to public health threats.
Government matters. Government isn’t “them” – it is all of us. It is how we live together, establish our rules of conduct, figure out what matters to us collectively and how we collectively fund those things. If we learn nothing else from this most recent crisis, I hope it is that government has a legitimate role to play, and it is incredibly important that it perform that role well.
On the House Floor recently, it was stated that the ultimate in local control is the individual, deciding for themselves. But where, then, is the line drawn between the individual and public good? Where does the individual begin to intrude on the rest of us as a whole?
Once the latest threat has subsided, I hope as a state we can begin to turn the conversation from “individual rule, no taxes, government is bloated and inefficient” to “What are the necessary functions of government, what level should perform those functions, and how do we fund them?”
This past legislative session, there were a number of bills which created a fund for various programs, then had them funded by donations (I don’t think any of these passed.) I’ve long referred to this as “government by bake sale” and it is no way to operate. If it is worth doing, we should fund it. If it isn’t worth funding, it shouldn’t be done.
While the Municipal side is always happy to see rural development, and agricultural development, and growth in the rural areas, the Rural Electrics seem to only look at municipal success with envy and greed. As one of our heroes in this effort said, “We cheer. We don’t jeer.” Our municipalities have always believed a rising tide lifts all boats. We have always believed that what is good for one sector in South Dakota is good for all. When our large cities grow and have what look like huge revenues in sales taxes, municipalities are aware that the State is getting double that from the growth, and that growth goes everywhere in the state, through the state aid formula to education and other programs that support all our citizens. You are the front line – yesterday, today, and tomorrow. Thank you for what you do. Please stay well, and stay strong.
Until next month, remember we are always available at 1-800658-3633 or yvonne@sdmunicipalleague.org. Yvonne Taylor
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
We just finished the main run of the legislative session, with only ‘veto day’ remaining as of this writing. It was yet another year when we did not address infrastructure needs, housing needs, and workforce needs – the vicious circle of issues that continue to inhibit our growth and development.
Municipalities are on the forefront of creating solutions. Nothing highlighted that more than the last two years of an ugly fight between the Rural Electrics and municipalities. The REAs basically wanted to take away municipal growth and reap the benefits of municipal efforts to progress. 4
Geotechnical Engineering · Construction Materials/NDT Environmental · Indoor Air Quality/Industrial Hygiene
SOUTH DAKOTA MUNICIPALITIES
President's Report
My goodness it’s hard to believe it is already April! The year seems to be flying by very quickly and before we know it the tourist season will be upon us and every community in South Dakota will be preparing to welcome tourists and showcase their communities, while sharing the hospitality South Dakota is famous for to all who visit our great state.
I was reminded of the hospitality South Dakota offers while recently scrolling thru Facebook. There was a story about the experience a gentleman had while visiting South Dakota. The gentleman, who had flown into the Pierre Airport, talked about people knowing each other, saying hello and visiting amongst each other on the plane and while exiting the plane. He went on to talk about an airport employee, Bob, who was so friendly and hospitable. He talked about how people in South Dakota say hello to everyone. The story went on to tell about the moment he realized after being dropped off at the airport
for departure, that he had forgotten his billfold which contained his ID. He was thinking he was stuck as the lack of the ID would prevent him from being able to check in for his flight. Well, long story short, the gentleman in need was approached by Bob, the man he had met on his flight into the airport. Bob said, “I understand you need a ride. My keys are in my truck over there in the parking lot. You can take my pickup to get your ID just don’t put any scratches on the truck.” He laughed and told him he better hurry, so he doesn’t miss his flight. Only in South Dakota do we have that kind of hospitality and trust in people.
Next time you are driving down the road and you randomly wave at a car or you are walking down the side walk and randomly say hello and smile as another pedestrian approaches you, remember it’s just in your blood because you are from the great state of South Dakota and we are proud of our hospitality!!! Debbie
Serving municipalities for more than a century. TRANSPORTATION WATER GOVERNMENTAL SERVICES LAND DEVELOPMENT ENVIRONMENTAL CONSTRUCTION Z 431 N. Phillips Ave | Suite 400
Sioux Falls, SD 57104 Z Phone 605.334.4499
APRIL 2020
ZHRGREEN.COM
5
2020 Legislative Summary
We were saddened to cancel our District Meetings, where we get to see so much of our beautiful state and meet with so many of its best people. While we can’t replace the time with friends and colleagues, we can give a summary of the most relevant legislation. Assuming the Governor signs them, all bills are effective July 1, 2020 unless otherwise noted.
SB 2, require the Department of Social Services to fully support a statewide centralized resource information system. This will operate through the State and Counties, but will be a new service available to citizens in counties who aren’t currently served by the “211” call system, which refers people who need help to various resources in the community.
SB 24, revise the fees for pesticide registration, private applicator licenses, commercial applicator licenses, and pesticide dealer licenses. Removed the fee exemption for governmental entities.
SB 54, regulate the use of auxiliary containers. The “Plastics Ban-Ban” adds to the list of things that may not be regulated locally.
SB 61, revise certain provision regarding a municipal office nominating petition. Requires finance officer to verify the candidate and petition signers are registered voters in the municipality or ward.
SB 70, authorize the use of Spanish in obtaining certain driver licenses and permits. Allows driver license materials to be printed in Spanish
SB 135, increase the bid limit for certain public improvements. Increases the bid limit for public improvement from $50,000 to $100,000.
SB 137, revise provisions for repair, replacement, and construction of sidewalks within a municipality. Allows maintenance and repair issues to be handled under nuisance procedures, leaving the option for new construction to be negotiated with the landowner or assessed through regular assessment procedures. 6
SB 161, exempt certain real property from the special maintenance fee levy. Permissive legislation to allow a municipality, when adopting the special maintenance fee under 9-43-138, to exempt lots with a tax assessment freeze under 10-6A (dwellings of disabled and senior citizens) or lots classified as ag property.
HB 1054, revise the documentation required for voter registration. Provides for the use of a SD nondriver identification when a person registers to vote. HB 1073, authorize special event alcohol licenses for full-service restaurant licensees. Clarifies that special event licenses may be issued to restaurant licensees. HB 1077, establish certain requirements regarding funeral processions. Establishes rules for funeral processions.
HB 1120, authorize the governing body of a second or third class municipality to act as a planning and zoning commission. Clarifies that the governing body may act as the planning and zoning commission. HB 1165, revise provisions regarding the acceptance of gifts by municipalities. Allows a municipality to establish a policy to accept gifts of personal property (nonreal estate), rather than having the governing body act on each one.
HB 1169, prohibit the use of certain electronic devices while driving. Replaces most of the former ‘texting and driving’ ban laws and replaces them; new definitions for “mobile electronic device” and “Social networking site.” Makes use of either one a primary offense (so people could be stopped for this alone, not just as a secondary offense to whatever they were stopped for); Makes both a Class 2 misdemeanor. Has exceptions for public safety people; emergencies; GPS/Navigation; Phone calls; and voiceoperated/hands-free modes.
HB 1187, make an appropriation to upgrade the state radio infrastructure system and to declare an emergency. Will be effective upon the Governor’s signature; appropriates $5.14 million to upgrade the state radio system. SOUTH DAKOTA MUNICIPALITIES
Toilet Paper Hoarding Leads to Ruckus Down the Line
Article and photo provided by the City of Pierre
The COVID-19 toilet paper hoarders may be causing more trouble in the bathroom than they realize. When there’s no toilet paper to be had, people turn to other solutions to get themselves clean. Those other solutions, like baby wipes, paper towels, and even Kleenex, can wreak havoc on sewer lines.
“Toilet paper is uniquely designed to break down when it gets in the sanitary sewer system,” said Nathan McCombs, City of Pierre Wastewater Superintendent. “Flushing anything that isn’t designed to go down the toilet is going to cause problems.”
Those problems might rear their ugly, messy, stinky heads in a residential sewer service line, in a sewer main that serves a neighborhood, at a lift station, or at the wastewater treatment plant. According to McCombs there is more than 60 miles of sanitary line flowing under the City of Pierre.
“Flushing the wrong stuff down the toilet could cause a plug anywhere in that 60 miles of system. That means we could have a backup that impacts one home, one neighborhood, or even a whole area of town.”
To avoid causing problem in your neighborhood and beyond, McCombs recommends only flushing toilet paper.
“If you have to use other products, put the soiled product in a trash can. That goes for ‘flushable wipes’ too –turns out flushing them is a bad idea.”
Since the onset of COVID-19, the City has seen an increase of wipes coming through the system. Because they’re not degradable, they lead to trouble in the lines.
“Wipes could easily magnify any existing problem in a service line,” said Jeff Runyan, Construction and Operations Manager for the City of Pierre. “If a plug happens in a service line, the property owner is responsible for the fix.”
Depending on how far down the line the product gets stuck and where the line is located, Runyan estimates a property owner could be looking at anywhere between $500 and $5,000 to get their sewer working again.
McCombs and Runyan agree it’s best to just prevent the problem from happening.
Runyan says that within the last month or so someone flushed shampoo bottles and other plastics down a toilet APRIL 2020
This day’s worth of non-flushable products have ended up at Pierre’s Wastewater Treatment Plant. Each day, the staff manually removes such materials to keep the system operating correctly. causing a backup in a residential area in Pierre.
“The clean-up cost on that deal was about $15,000.”
It’s not uncommon for a wad of material that shouldn’t have gotten flushed to end up at the wastewater treatment plant in Pierre. By the time it gets to the plant at the end of all the sewer lines, the issue has likely snowballed into one giant plug that has picked up additional non-dissolvable materials as it’s worked its way through the system.
“Daily, we see a wad of rags come through the plant,” said McCombs.
When this happens, equipment is used to remove the wad from the rest of sanitary flow. Then staff must manually rake the material out of the system. From there it’s put in a dumpster and eventually transported to the regional landfill. “We have a large dumpster that we take to the landfill once a week. We pay the landfill about $275 for each load,” said McCombs.
McCombs has been in the sanitary sewer business for about 27 years. He says that all sorts of interesting things come through the sanitary sewer system including underwear, bar rags, plastic wrap, and more.
“We find a surprising amount of cash. Money is filthy!”
McCombs went on to say that the cash that literally gets flushed down the toilet, isn’t enough to recoup the cost of cleaning up a plug. “Taxpayers end up paying for many of the problems caused by sewer backups. For your sake and the sake of your whole community, be mindful of what you flush.” 7
SOUTH H DAKOTA GOVERN NMENTAL Human an resource ASSOCIATION
An Affffil iliate of the South Dakota Municipal League
AGENDA SD Governm mental Human Resource School June 9-10, 2020 z Best Western Ramkota Hotel & Convention Center z Aberdeen, SD Tuesday, June 9, 2020 12:15 to 1:00 p.m.
Registratio on Âą Concourse
1:00 to 1:15 p.m.
General Bu usiness Meeting Âą Nortthe hern
1:15 to 3:00 p.m.
Commercia al DULYHUÂśV License Drug and Alcohol Clearinghouse Updates x Wh ho needs to register x How w to designaate a Consorrttium/Third Part rty Administrat ator x Rolles in the clearinghouse Federal Mot Mootor Carrier Saffeety ty Administration, USD SDOT
3:00 to 3:15 p.m.
Break Âą Cooncourse
3:15 to 5:00 p.m.
Legal Updaate and Hot Topics in HR - Nortthern he Chris Hoy Hoym me, Att t orrne ney, Jackson Lewis P.C.
5:30 Âą 8:30 p.m.
Food and F Fun! Food: Wyliee Park Birdhouse - 2306 24th Avenue NW *Indoor//Ouuttdoor fac *Indoor/ facility ty Âą Picnic sty tyle dinner with th dri drinks ks provided *Transsportat porta ation not provided Fun: Thu hundder Road Âą Within t walk lking di disttanc ance fr from th the Birdhouse *U Use your free re ticke ket for for mini gollff, go-carts, bum mpe per boatts, s, Euro Bungy or Laser Maze Maze
Wednesday, June 10, 2020 7:30 to 8:30 a.m.
Breakfast fast Âą Nortthe hern
8:30 to 9:45 a.m.
FMLA Best Practices and Scenarios Chris Hoy Hoym me, Att t orrne ney, Jackson Lewis P.C.
9:45 to 10:00 a.m.
Break Âą Cooncourse
10:00 to 11:30 a.m.
Unemployment Claims 101 - Nortthe hern x Who Qualifi fies? x Quart rterly Reporrtting x How to Appeal Scott Gef effre, SD Dept of Laabor bor Dawn Wi Williams, SD Dept of Laabor bor
**V Visiitt www. w.sddm municip ipallleague. e.org g//events ts to reegister gi for th this event. t.**
____________________________________________ _______ _____________________________________ 208 Island and Drive ‡ Ft. Pierre, Sou uth Dakot akota 57532 ‡ ‡ FAX 605.224.8655‡ www.sdmunicipalleague ague.orrg g
Scholarship Funds Available
SD Police Chiefs’ Association Scholarship The scholarship is to attend the International Association of Chiefs of Police (IACP) Conference which will be October 17-20, 2020 in New Orleans, LA 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 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,
2020, 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. SD Municipal Street Scholarship Funds
Maintenance
Association
Applicant must be a member of the South Dakota Municipal Street Maintenance Association.
Scholarship funds must be used to attend the American Public Works Association PWX Conference August 30 September 2 in New Orleans, LA. Information can be found at http://www.apwa.net/pwx/Event_Details.aspx.
SDMSMA will pay the cost of airfare, mileage at the state rate, lodging for the conference dates only, APWA PWX Conference registration fee and meals not included in the conference package at the state meal rate. Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement. All reimbursement costs are subject to SDMSMA board approval.
Submit the completed application to SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655 no later than June 1, 2020, to be considered for the scholarship.
An official scholarship form can be obtained by visiting www.sdmunicipalleague.org then the Street Maintenance section under the Affiliate Organizations tab.
CIVIL ENGINEERING L AND SURVEYING
civildes.com
APRIL 2020
9
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SOUTH DAKOTA MUNICIPALITIES
April
Events Calendar
15-16
SD Municipal Street Maintenance Association Meeting, Rapid City
13-14
SD Association of Code Enforcement Workshop, Fort Pierre
May
26-29 June
SD City Management Association – GOSCMA Conference, Spearfish
17
Elected Officials Workshop, Pierre
16-17
SD Building Officials’ Association Meeting, Deadwood
12-13
Policy Committee Meetings, Fort Pierre
6
SDML Board of Directors Meeting, Spearfish
August
October
TBD
SDML Board of Directors Meeting
10-12
Finance Officers’ School, Aberdeen
November
30
Budget Training, Sioux Falls
December
9
Budget Training, Rapid City
9-10 TBD
July
Human Resource School, Aberdeen SD Municipal Attorneys’ Association Meeting, Pierre
APRIL 2020
6-9
SDML Annual Conference, Spearfish
18-21
NLC City Summit, Tampa, FL
9
Joint SDML Board Meeting with County Association, Pierre
13
A Unique Issue for Local Governments in the Information Age
through our Employment Practices or Government Practices Hotlines to determine which provisions should be placed in any policy. The Hotlines’ phone number is 1888-313-0839. Please contact the SDPAA for a copy of these Model Policies or to request a seminar for your officials and employees at 800-658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org.
By Dave Pfeifle, SDPAA Executive Director
Issues involving Social Media have reached critical mass for local governments. Since 2017, the Plain View Project has searched and posted over 5,000 social media accounts of public officials and employees from communities across the country. The Project’s goal was to determine if those public employees/officials’ personal Facebook posts would “undermine public trust and confidence in police.” These public social media accounts were from Dallas, St. Louis, Phoenix, York (Pennsylvania), Twin Falls (Idaho), Denison (Texas), and Lake County (Florida). In Philadelphia public searches of social media accounts of police officers led to 72 officers being placed on probation, with 13 officers ultimately terminated from the Police Department for racist and/or offensive comments.
The importance of a public entity adopting a Social Media Policy, then conducting training to achieve heightened awareness was recently demonstrated in Lake County, Florida. Searches of their sheriff’s office employees’ public social media accounts led to investigations of four former deputy sheriffs and 16 current deputies. While no disciplinary action was ultimately taken against the current Deputies, the former deputies’ accounts would have violated the Department’s Social Media policy and would have resulted in discipline. The Sheriff’s Department was “embarrassed” by the incident; however the Department was likely spared more embarrassment and disciplinary actions as it had already adopted a Social Media Policy and had trained for heightened awareness throughout the Department.
How would your public entity fare if its employees’ and officials’ Social Networking accounts were subjected to this public review? The first step is to adopt or continue to adhere to a Social Media Policy for your organization. The SDPAA has an updated Model Social Media Policy, along with other related model policies for use by our Members. SDPAA Members may also consult with an expert attorney 14
Anything we employees say or do could reflect on our employers. In the private sector, the employer is given more latitude in adopting policies that regulate their employee’s communications. We public employees enjoy freedom of speech rights when expressing views as private citizens on matters of public concern. However, the United States Supreme Court has recognized that public employers have an interest in managing their operations so that the First Amendment “does not require a public office to be run as a roundtable for employee complaints over internal office affairs.” Connick v. Myers, 461 U.S. 138, 149 (1983).
If a public employee is speaking as a private citizen on a matter of public concern, then the courts will balance “the interests of the employee as a citizen in commenting upon matters of public concern and the interests of the [government], as an employer, in promoting the efficiency of the public services it performs through its employees.” Pickering v. Bd. Of Educ., 391 U.S. 563, 568 (1968). The so-called “Pickering balancing test” yields unique decisions as each case rests upon its own facts.
Your organization should consult with its own legal advisor to draft or review your Social Media Policy so that it is specifically tailored for your unique needs. Some common policy elements for you to discuss with your attorney include, but are not limited to the following: 1. Recognizes that Social Networking can be used by public employees for personal as well as business purposes. A public employee should first seek permission from the public employer before establishing a social media account or website on behalf of the public entity. 2. Recognizes that Social Networking by public employees shapes how the public views the public entity’s products and services, employees, vendors, partners and clients. Encourages employees to use proper “business etiquette” in all posts and to not violate any applicable laws, regulations or policies while engaging in such activity. 3. Prohibits social media usage during work hours, unless part of the employee’s job duties. A model policy from the Minnesota League of Cities states SOUTH DAKOTA MUNICIPALITIES
4.
5. 6.
7. 8.
that the public entity’s social media accounts should not be used for any private or personal purposes or for purposes of expressing private or personal views on personal, political, or policy issues or to express personal views or concerns pertaining to public entity employment relations matters. If the employee posts something on personal social media that mentions the public entity, or could be reasonably inferred to come from the public entity, then the public employee should post a disclaimer that they are speaking personally and not on behalf of the public entity. Policies sometimes prohibit public employees from soliciting public entity customers, vendors or clients to be “friends” or contacts on any social networking sites. No copyrighted or plagiarized material should be posted on a public entity’s social media accounts. States clearly that any Social Media accounts owned and operated by the public entity are the property of the public entity. The Minnesota League of Cities model policy recognizes that public employees have the right to “post and maintain personal websites, blogs and social media pages and to use and enjoy social media on their own personal devices during non-work hours.” However, the public entity reserves the right to monitor all public blogs and social networking forums for the purpose of protecting its interests and monitoring compliance with the public entity’s Social Media Policy.
In light of increasing public scrutiny, law enforcement agencies are adopting more stringent guidelines to govern their officers’ Social Networking, including any electronic communications during their off-duty time. These policies warn that their conduct should not be detrimental to the mission and function of their law enforcement agency. They prohibit law enforcement officers from using their public job title or referencing the public employer in their private Social Networking activities. A growing number of agencies now demand access to applicants’ Social Networking sites and also warn that current officers may be subject to investigation of those sites in certain circumstances.
Any current or aspiring public employees should be mindful of their private Social Networking activities, both past and present. Over the years, I have repeatedly reminded myself and advised my clients that when composing any communication that we should assume our mother and our clergy will read it. The ten-second rule is also good to follow: if you type something in the heat of the moment, then give it ten seconds and read it again before sending or posting it.
APRIL 2020
15
Emergency Community Water Assistance Grant Funds Available to Eligible Communities
Julie Gross, State Director, USDA Rural Development
The effects of heavy snow and rain have influenced water resources throughout the state of South Dakota, especially during the past two years.
Rural communities whose water supply is being impacted may find assistance through USDA Rural Development’s Emergency Community Water Assistance Grant (ECWAG) program.
This program provides funds to assist rural communities that have experienced a significant decline in quantity or quality of water, or in which such a decline is considered imminent. Funds may be used for several purposes related to water supply issues caused by an emergency. Some examples are waterline extensions, repairs related to an emergency, construction of new wells or other permanent water sources, provision of a temporary water source in
certain circumstances, equipment replacement, and related project fees such as engineering or legal.
Under the ECWAG program, funds may be used in incorporated communities of less than 10,000 residents or any unincorporated area. Eligible applicants include public bodies, private nonprofit corporations, and Federally recognized Indian tribes.
Applicants must possess the legal authority to own and operate the water facility and must document the emergency that caused the problem. Examples of emergencies include, but are not limited to, drought; earthquake; flood; tornado; hurricane; disease outbreak; or chemical spill, leakage, or seepage. A disaster designation is not required. The maximum grant is $150,000 for repairs, partial replacement, or significant maintenance on an established
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system, or $1,000,000 to alleviate a significant decline in quantity or quality of water that occurred within two years of filing an ECWAG application, or to attempt to avoid a significant decline that is expected to occur during the 12month period following the filing of an application.
Applications must demonstrate need for the grant based on median household income and repayment ability and are subject to environmental review. ECWAG funds may be used in conjunction with other sources of funds.
Applications may be filed with the USDA Rural Development Area Office serving the county where the applicant is located. For more information about the ECWAG program visit www.rd.usda.gov/sd or contact USDA Rural Development field staff in the Area Offices Aberdeen contact Valerie Jensen at (605) 824-3624; Mitchell contact Austin Claeys (605) 299-3349; Pierre contact Brian Ring (605) 301-3411; Sioux Falls contact Diane Sieperda (605) 937-4773; and Rapid City contact Dylan Tramp (605) 858-6679 or Katie Hammer (605) 8586703.
APRIL 2020
Find more Grant Opportunities on the League’s website at www.sdmunicipalleague.org. We understand the importance modern and reliable water systems have in helping rural communities thrive. From economic opportunity to public health and the environment, modern infrastructure, including water infrastructure, is a foundation for enhanced quality of life and prosperity in rural America.
Rural Development also provides loans and grants to help expand economic opportunity and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed internet access in rural areas.
17
USDA Increased Rural Population Limits to 50,000 for Some Loan Guarantee Programs
Julie Gross, State Director, USDA Rural Development
U.S. Department of Agriculture (USDA) Deputy Under Secretary for Rural Development Donald “DJ” LaVoy announced in October of 2019 that in accordance with the 2018 Farm Bill, USDA's Rural Housing and Utilities Service will change rural population limits, fees and funding priorities for some loan guarantee programs administered through the Rural Housing Service and the Rural Utilities Service. The changes went into effect December 2, 2019.
USDA increased the rural population eligibility limit to 50,000 residents for the Community Facilities Guaranteed Loan Program (CF) and the Guaranteed Water and Waste Disposal Loan Program (WEP). For fiscal year 2020, projects financed through the
Community Facilities Guaranteed Loan Program will still receive priority in rural areas of 20,000 or fewer residents. Projects financed through the Water and Waste Disposal Guaranteed Loan Program will receive priority in rural areas of 10,000 or fewer residents.
USDA increased the Community Facilities Guaranteed Loan Program’s one-time guarantee fee from 1 percent to 1.5 percent. The Agency also established an annual renewal fee of 0.5 percent of the loan’s principal balance each year. There are no changes to the Water Waste Disposal Guaranteed Loan Program fee rates. For additional information, see page 52869 of the Oct. 3, 2019, Federal Register.
This provides new funding opportunities for communities over 10,000 and less than 50,000 including the communities of Aberdeen, Brookings, Watertown,
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Mitchell, Yankton, Pierre, Huron, Spearfish, Vermillion and Brandon.
Eligible applicants for CF include public bodies, community-based non-profit corporations, and federally recognized tribes. Eligible applicants for WEP include most state and local government entities, nonprofit organizations, and federally recognized tribes. For both CF and WEP, the maximum guarantee is typically 90 percent of the loan amount, one-time guarantee fee, interest rates may be fixed or variable as negotiated between the lender and the borrower and subject to USDA approval, and up to 40-year payback period,
Applications may be filed with the USDA Rural Development Area Office serving the county where the applicant is located. For information about either the CF or WEP, contact USDA Rural Development field staff in the Area Offices - Aberdeen contact Valerie Jensen at (605) 824-3624; Mitchell contact Austin Claeys (605) 299-3349; Pierre contact Brian Ring (605) 301-3411; Sioux Falls contact Diane Sieperda (605) 937-4773; and Rapid City contact Dylan Tramp (605) 858-6679 or Katie Hammer (605) 858-6703.
APRIL 2020
19
The Next Generation of Public Servants
By Kirsten C. Decker, Denver Public Library system strategy and evaluation manager and CCCMA emerging manager board representative
As the workforce gets younger, local governments are challenged to think about attracting and retaining the next generation of public servants. The question on many leader's minds: If we get a ping-pong table, will they come?
All jokes aside, this may come as a surprise: Often pegged as elusive, egocentric, and flighty, more and more research shows that the young professionals of today are not all that different than Generation X and Baby Boomers were in their heyday. Across generations, the individuals who make up our organizations demonstrate a visceral commitment to making a positive impact on their communities; but when most people think of government, I would wager that potential to change people's lives is not the first thing that comes to mind.
How might we, as the leaders of today, ensure that our organizations are attracting the best and brightest to lead us tomorrow? I'm certainly not an authority on recruitment 20
and retention, but I can share a few ideas based on how I came to municipal government and, perhaps more importantly, why I stay.
Get out of city or town hall Attend any high school or university job fair and you will see a huge presence of private industry representation talking about internships that lead to jobs and jobs that lead to careers. In my experience, it is uncommon to see representation in classrooms or at career fairs from a municipality or county beyond the departments that hire for seasonal work. Students on the political science track may have teachers and professors who showcase local government management as a potential career, but that is not the norm. Municipal governments have a need for expertise in everything from watershed science to electrical engineering to financial management, and it is unlikely that students in these subject areas are ever exposed to public service as an opportunity.
Broadcasting the variety of functions your municipality manages in nonconventional places (i.e., not just a Master of Public Administration [MPA] breakfast) is an opportunity to harness the passion and intellect of emerging leaders who may never have seen local
SOUTH DAKOTA MUNICIPALITIES
government as a career path where they can make a tangible difference in their community.
Create low-risk opportunities to learn I bet you have a list of projects that always take a back seat to more high- profile priorities; however, I have often heard colleagues say that working with students — particularly undergraduates — is more work than it is worth. Or, my personal favorite: "We just don't have time to get an intern up to speed." Let's change the narrative and realize that if we do not open the doors to the city, we will not attract the next generation of leaders.
Look for opportunities to engage young adults on volunteer projects, teen councils, and internships. Some of the most fun I have had at work was when leveraging the raw talent of excited young people to think about a problem differently or innovate an age-old approach to something.
Make the up-front investment and create pathways for interested individuals to learn about local government — think tours of city services, shadowing opportunities, and financial modeling scenarios — while knocking something off your project wish list.
Make space at the table Maybe it is just me, but my least favorite response to a question is "We've always done it this way." There is a critical value in honoring the past and respecting institutional knowledge, and there is a responsibility to our communities to be good stewards of their trust and resources. As our organizations continue to welcome new talent, we must also give them the space to ask questions and take on meaningful work; this can be a great coaching opportunity on how to exercise humble inquiry and navigate organizational minutiae. In my first job out of graduate school, I had the opportunity to work for a budget director who believed in giving "green" analysts high-level, challenging work. Whether it was managing projects with politically charged
APRIL 2020
complexities, reimagining the way the city engaged residents around the budget, or growing an innovation program that empowered frontline staff to revolutionize the way they did their work, he created space. I felt valued by and fiercely loyal to this manager; he gave me the cover to learn, stumble, and build expertise by entrusting me with meaningful work.
The next time you are thinking about who could lead an important project or initiative, entertain the idea of giving an emerging leader the reins; assume they can deliver until they prove to you otherwise. Remember, you started somewhere.
Invest in relationships One of the most impactful relationships in my local government journey comes from a cold email to a northern Colorado city manager, introducing myself and asking if there were opportunities to learn from him in a for-credit internship. We all know it would be easy to let that email sink to the bottom of the inbox, but this manager forwarded my email to his executive staff and asked if anyone had a project.
I spent the last semester of my undergraduate degree interning for that organization, an experience that solidified my commitment to getting an MPA and working in municipal government. As I have grown professionally and worked in organizations across the country, that same manager has always remained a mentor — making time to help me think through problems, plan career next steps or just catch up. This is one of a handful of mentorship relationships I have cultivated — and, at the heart of each, is a mutual feeling of respect and shared values. Relationships are work on both parts, they take time you may not have, but they make an intangible impact on the growth and development of young professionals.
Reprinted with permission from the Colorado Municipal League.
21
By Chris Hill, SDMEA Director of Municipal Electric Services
What’s Next?
Session is over. Walking the halls of the Capitol this year, it was not tough to sense the frustration by the legislators as both sides of the electric territory bill were highly contested. I’m sure anyone that may be reading this might also be irritated by the discussion and can certainly contact me if you want more information. A brief rundown is that House Bill 1262 was tabled in the Senate Commerce and Energy Committee by a 6-0 vote with one excused.
Happening very soon will be the completion of a new Wage Benefits survey as well as finishing up the Comparison of Operations survey. I am also working on updating the Benefits of Municipal Electric Utilities booklet and the Mutual Aid Agreement. I will be requesting your assistance on completing these documents and I am hoping that we can get them completed for the benefit of all 35 municipal electric cities and towns. I am not going to hit you with all the documents at once, but I would like to get most of them completed as soon as possible so I can compile them before the SDML annual conference in October. I realize that October seems far away, but I will need help from our municipalities to fill out the wage benefit survey as well as the Comparison of Operations (if you haven’t finished yet). I am always available via email or phone to help with any questions that you may have. I can also send you a different version of the survey if needed.
interested in sponsoring a hole, golfing in the tournament, or donating to the PAC please let me know. Public power and the benefits of municipal electric utilities are affected and need to work together so that these 35 municipal electric communities continue to have the same rights that we have had since 1975. Any loss in those rights will negatively affect those communities as well as the development of South Dakota. Changes in the process will create more red tape in the development process and hinder our growth. I will be sending out more information regarding the fundraising event as more details are ironed out. This is an excellent opportunity to get involved in the legislative process even if you are unable to be at the capitol during legislative session or do not feel comfortable contacting legislators. This helps to promote our municipal electric utilities by giving our communities a voice.
Another thing coming up that is of interest is the South Dakota Public Power PAC Golf Tournament fundraiser. This year, the Public Power PAC Golf Tournament is tentatively scheduled for Thursday, May 21 at the Madison Golf & Country Club in Madison, SD. If you know of anyone that is 22
SOUTH DAKOTA MUNICIPALITIES
APRIL 2020
23
Bridge Improvement Grant Recipients Announced
The South Dakota Transportation Commission awarded 27 Preservation, Rehabilitation, and Replacement Bridge Improvement Grants (BIG) totaling approximately $14 million to local governments at their meeting today in Pierre.
Grant recipients are: Aurora County, Beadle County (2), City of Belle Fourche, Bon Homme County, Brookings County, Butte County (3), Davison County, Day County, Hamlin County, City of Huron, Lake County, Lawrence County (2), Marshall County, Mellette County, City of Mitchell, City of Sioux Falls (4), City of Spearfish, Spink County, Stanley County, and City of Watertown.
The South Dakota Department of Transportation received forty-one applications totaling $29.3 million in project costs. Six cities submitted nine applications and 19 counties submitted 32 applications.
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Local governments are required to pay a minimum of 20 percent matching funds and have three years to expend the grant. Counties must have a wheel tax and a five-year Highway and Bridge Improvement Plan in order to receive a grant.
The $15 million BIG program was created in 2015 which is funded through $7 million per year from funds generated by license plate fees and $8 million from the SDDOT. The next round of BIG program applications are due Aug. 1, 2020, for the Preliminary Engineering category.
For more information regarding the BIG program, contact Doug Kinniburgh at 605-773-4284 or visit the SDDOT website: Bridge Improvement Grants.
SOUTH DAKOTA MUNICIPALITIES
Finance Officer of the Year 2020 - 2021 South Dakota Governmental Finance Officers’ Association
2020 - 2021 "FINANCE OFFICER OF THE YEAR" Official Nomination Form All nominations must be submitted in writing by May 1, 2020. The Finance Officer of the Year award will be presented during the 2020 Finance Officers’ School held June 10-12 in Aberdeen.
Name of Nominee: Position: Years of service to the municipality: Contributions to the municipality as a Finance Officer:
Contributions to the community as a citizen:
Significant contributions to any other organizations:
Personal accomplishments:
Other Comments:
Submitted by:
DEADLINE: May 1, 2020 Nominations will be kept confidential. Use additional paper if necessary. Additional nomination letters are welcome.
Phone:
Please submit to: South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532 )D[ -224-8655
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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 2021 CPI = 1.7%
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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 $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 $1.4 billion of property taxes.
STREET DESIGN LAND SURVEYING UTILITY ANALYSIS & DESIGN LANDSCAPE ARCHITECTURE AGRICULTURAL ENGINEERING WATER/WASTEWATER TREATMENT Sioux Falls, SD 605.338.6668 28
www.stockwellengineers.com
Yankton, SD 605.665.8092
SOUTH DAKOTA MUNICIPALITIES
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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.
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.
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Provided by The City of Platte
APRIL 2020
31
Risk-Sharing SDML Workers’ Compensation Fund Wins Award for Stryker Grant Program
Randy Sexton, Senior Underwriter with Safety National presented the SDML Workers’ Compensation Fund with the 3rd Place Award at the Board of Trustees meeting on February 28th in Fort Pierre, SD. Chairman Karl Alberts accepted the award on behalf of the Fund. Pictured from left to right is Fund Administrator Brad Wilson, Will Frantz, Stryker EMS Account Manager, Karl Alberts and Randy Sexton. Congratulations to the SDML Workers’ Compensation Fund 2019 Safety First Grant Program Winner
The SDML Workers’ Compensation Fund Creating a Grant Program to Provide Lift Equipment for Ambulance/Fire/Rescue Services
About the SDML Workers’ Compensation Fund: The SDML Workers’ Compensation Fund is a self-funded
risk-sharing workers’ compensation pool created for local governments in South Dakota, covering nearly 10,000 first responders which includes 87 ambulance services, 227 fire and rescue departments and 138 police and sheriff departments. Without the necessary equipment, these first responders have incurred costly back-related injuries. For instance, one ambulance service experienced 10 lifting injuries over seven years totaling thousands of dollars in claims costs.
The Solution: The SDML Workers’ Compensation Fund created a grant program, in partnership with Stryker EMS, to members that have an ambulance or fire and rescue service. The purpose of the grant is to help these mostly rural, volunteer ambulance services purchase a Stryker Power-PRO™ Model 6506 ambulance cot, Stryker Stair-PRO® Model 6252 stair chair or a Stryker Power-LOAD™ Model 6390. These three products have been proven to reduce and eliminate back and other injuries due to lifting patients. Since being awarded a grant in 2011, the ambulance service mentioned above has not incurred a single lifting injury while responding to 1,000 calls per year. That translates to over 16,000 transfers. Stryker also reported a 100% reduction in back injuries in another service and a 62% decrease in the risk of developing a low back disorder when using these safety products during the loading process. Other relevant stats are 69% of the US adult population is obese; a typical strain injury costs $70,408 in direct and indirect costs; the average age of an EMS worker is 40 years old; lower back strain is the cause of 78% of compensation days in the US; and lifting causes more than 70% of back injuries of EMTs.
This grant program has become so popular that the grant funds are typically exhausted very quickly. Receiving the Safety First Grant Award will enable the SDML Work Comp Fund to award an additional grant to one of its members in 2020.
About Safety National: As a leader in excess workers’ compensation since 1942, Safety National® knows that employee safety is an important responsibility for every employer. Multiple injuries, whether large or small, can impact an entity in a very negative way. As a safety advocate, Safety National offers three policyholders a unique opportunity to be granted up to $10,000 for their creative solution on how to reduce the risk of employee injury and illness.
There are still funds available for SDML Work Comp Fund members. If you have any questions or would like to apply for the SDML Work Comp Fund Stryker EMS Grant, please contact Brad Wilson, Ladene Bachtell or Gary Drewes at Insurance Benefits, Inc. Email: info@sdmlwcfund.com or Phone: 800-233-9073. The 2020 application is available on our website at www.sdmlwcfund.com. 32
SOUTH DAKOTA MUNICIPALITIES
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Washington Report: By John Thune
If you’re a Seinfeld fan like me, you probably remember the episode where Jerry receives a phone call from a telemarketer, interrupting his conversation with other characters on the show. Jerry tells the person on the other end of the line that he’s busy, but says that if the telemarketer shares his home phone number, he would call him back later. The telemarketer says he won’t do that, and Jerry asks, “I guess you don’t want people calling you at home?” When he agrees, Jerry says, “Well, now you know how I feel.” Jerry’s sentiment is something we all can relate to, and maybe you’ve even used his strategy a time or two when you’ve received an unwanted robocall or telemarketing call over the years.
As technology has evolved, traditional telemarketing calls have gone from a landline ringing during dinner to relentless, downright annoying – and sometimes illegal – phone calls that are barraging our home, work, and mobile phones at all hours of the day. I receive them. My friends receive them. Even my 100-year-old dad has received them.
For some people, the situation has gotten so bad that they’ve chosen to simply stop answering the phone all together. That’s an unacceptable position for Americans to feel forced into, particularly if they’re sacrificing answering legitimate calls in order to avoid the annoying nuisance ones.
While no one with a phone is immune to robocalls, some people are specifically targeted, often vulnerable populations like the elderly. If you don’t know someone who’s been tricked by one of these scammers, you’ve probably seen a story on the news or read about it online or in the newspaper. These guys will stop at nothing. Well, hopefully, until now.
As I travel around South Dakota, I get a good sense of what’s on folks’ minds. As the hot-button issues of the day change, the feedback I hear from people often changes, too. One issue that has never seemed to change, though, is the outrage people feel toward illegal robocallers. 34
New Law Finally Puts Illegal Robocallers on Notice
Having been on the receiving end of these calls myself, I tried to harness this collective outrage when I drafted the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, or TRACED Act, to formally put these scammers on notice. As Frank Costanza said during the annual “airing of grievances” on Seinfeld, “I’ve got a lot of problems with you people, and now you’re going to hear about it!”
This bipartisan bill is actually pretty straightforward. First, it gives federal agencies more authority to go after illegal robocallers, including by increasing the window in which they’re able to levy fines, and it significantly increases the amount robocallers can be fined in that expanded window. Second, it requires federal regulators to finalize rules that will require most carriers to adopt technology that will prevent these calls from reaching consumers in the first place. Finally, among other common-sense fixes, my bill adds teeth to the law’s enforcement mechanism by creating a credible threat of criminal prosecution – spending time behind bars.
It’s worth noting that the TRACED Act only targets those unwanted and illegal robocalls, like being offered a free trip to the Bahamas in exchange for a Social Security number and credit card information. It protects legitimate entities that use technology to contact consumers, like a bank flagging a potentially fraudulent transaction or a health care provider reminding a patient about an upcoming medical appointment.
My bill was approved by the Senate in 2019 with overwhelming support. Just before Congress adjourned last year, the Senate approved a slightly modified version by a simple voice vote, sending it to the president for his signature. On December 30, 2019, after years of work, the TRACED Act became the law of the land.
This effort, which I led with Sen. Ed Markey (D-Mass.) was as unique as it was important. In today’s political environment, it’s not every day that you see a conservative Republican teaming up with a liberal Democrat on a bill that was nearly unanimously supported in a divided Congress. That’s why the Washington Post said the TRACED Act is “what good, old-fashioned legislating looks like.” That’s a badge of honor, in my opinion. While this new law won’t immediately stop every single illegal robocall, it does mark the first major attempt to end this scourge in more than a decade, and it will lay important groundwork in the fight toward giving consumers greater peace of mind when their phone rings in 2020 and beyond. SOUTH DAKOTA MUNICIPALITIES
MAY Hometown Happenings
May 1 1st Fridays on Main Mitchell
May 2 Frühlingsfest and Spring Market Rapid City
May 2-3 Brookings Area Quilt Guild Show Brookings
May 9 Wells Fargo Cinco de Mayo Fall Park Fiesta Sioux Falls Spearfish Art Wine and Food Truck Festival Spearfish
Traditional Wacipi at the Dignity Statue Chamberlain
May 8-9 Deadwood’s Craft Beer Fest: Hops and Hogs Deadwood May 10 Mother's Day Celebration Watertown
May 15-16 Cellar Sessions: Hank Harris Rapid City
May 15-17 State Parks Open House and Free Fishing Weekend Pierre
May 16, 23 and 30 Market at the Meridian Yankton
May 21 Summer Porch at Strawbale Winery Renner May 23-24 Annual SDRA Foothills Rodeo Wessington Springs May 24 Strawbale Winery Sangria Sundays Renner
May 28 Summer Porch Series at Strawbale Winery Renner May 29-30 Porkpalooza Sioux Falls
May 22 - September 27 Legends in Light ® Laser Light Show at Crazy Horse Memorial Crazy Horse May 22 - September 30 Mount Rushmore Evening Lighting Ceremony Keystone
For details on each event visit www.travelsouthdakota.com.
Sound of Silence Tesla Rally Custer May 16 National Kids to Park Day Pierre
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APRIL 2020
35
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CLASSIFIEDS
CLASSIFIeD ADS PoLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is April 10 for the May 2020 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-224-8655. Visit www.sdmunicipalleague.org for more classifieds.
ASSISTANT MAINTeNANCe Worker: Canistota, SD - The City of Canistota is taking applications for the position of Public Works Assistant. This position will assist in all phases of maintaining city streets, the water distribution system and wastewater system. This individual will also assist with the maintenance of all public buildings, including the City Pool and Parks. For more information call 605-296-3551. Applications will be accepted until the position has been filled. An application form and complete job description are available at City Hall, 228 Main Street, Canistota, SD or online at www.canistotasd.com. The City of Canistota is an EOE.
CHAMBer & eCoNoMIC DeveLoPMeNT DIreCTor: Hartford, SD - The progressive community
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of Hartford, SD is accepting applications for a full time Chamber & Economic Development Director. This position will recruit new businesses and be an advocate for existing businesses for the City of Hartford. The position will also serve as the Director for the Hartford Chamber of Commerce and Hartford Area Development Foundation as an advisor and liaison. The ideal candidate should possess a degree in public or business administration, marketing, economics, or related field. Previous relevant experience in economic development is preferred. Any equivalent combination of education and/or experience may be accepted. Salary DOQ, pus benefits. Applications will be accepted until the position is filled. A complete job description and application is available by calling 605528-6187 or on the city website at www.hartfordsd.us. EOE.
CITY ADMINISTrATor: North Sioux City, SD - The City of North Sioux City is accepting applications for the position of City Administrator. NSC is an aldermanic form of government. The City Administrator reports to the City Council and works in conjunction with the Finance Officer. The Administrator will oversee all departments and phases of municipal government. Successful candidate must possess good written and verbal communication skills, as well as good organizational and interpersonal skills. Applicant needs to be highly motivated witha great work ethic. Responsibilities may include: grant writing; media contact; community governmental board and meeting representation; project and contract oversight and negotiation; council meeting attendance as needed; economic development; human resources and benefits; annual audit; maintain all debt service funds and financial records related to grants and tax increment districts; direction of information technology services; planning and zoning participation; and other duties as designated by the Mayor and City Council. Minimum qualifications include a Bachelor’s Degree in Public Administration or related field and minimum of five years experience in government or related private field. These basic requirements may be waived in favor of comparable experience, and are at the sole discretion of the Mayor and City Council. This is a full-time exempt position. Salary negotiated based on qualifications and experience. The City of North Sioux City is an Equal Opportunity Employer. Position remains open until filled. Submit an application, resume, three references and transcripts to City Administrator Search, City of North Sioux City, SD 57049 or you may email the requested documents to CityofNSC@northsiouxcitysd.gov. FINANCe oFFICer: Grenville, SD - The City of Grenville is taking applications for a part-time Finance Officer. Interested parties should contact 605-486-4540. Please leave a message and someone will get back to you as soon as possible. This position is open until filled. EOE. SOUTH DAKOTA MUNICIPALITIES
HuMAN reSourCe MANAGer: Huron, SD - The City of Huron has an opening for a full time Human Resource Manager. Duties include the overall administration and implementation of all human resource functions of the City. Salary is $2,393.60 bi-weekly. Applications available online at www.huronsd.com, select “City Government” tab, then “City Employment”, City Fiance Office, 239 Wisconsin Avenue, Huron, SD or SD Department of Labor, 2361 Dakota Avenue S. Position open until filled. EOE.
PuBLIC WorkS ASSISTANT: Hartford, SD - The City of Hartford is taking applications for the position of Public Works Assistant. This is a full-time position that will assist in all phases of maintaining the city streets, water distribution system and wastewater treatment system. this individual will also assist with the maintenance of all public buildings and open spaces including the city pool and parks. Applications will be accepted until the position has been filled. An application form and complete job description are available City Hall, 125 N Main Avenue or online at www.hartfordsd.us. EOE. PuBLIC WorkS DIreCTor: Custer, SD - The City of Custer is seeking an individual to manage the Public
Works Department. This position is expected to perform a variety of supervisory, administrative, skilled, technical, and maintenance related task. The Public Works Director oversees the streets, parks, public buildings, water & wastewater operations. The position is responsible for managing the activities, operations, maintenance and construction of the Public Works Department. The ideal candidate will possess sufficient experience to thoroughly understand the diverse objectives and functions of the Public Works Department. Must possess a valid Driver’s License. The following certifications would be a benefit: Class 1 Water Treatment, Class 2 Wastewater Treatment, Class 2 Waster Distribution and Class 2 Wastewater Collection, or adequate water and wastewater knowledge. Must be a team player; with leadership skills and the ability to provide outstanding customer service. Must reside within 15 minutes of Custer. Starting wage DOE and certifications. Applications are available at Custer City Hall, 622 Crook St, Custer, SD 57730. 605-673-4824. www.custer.govoffice.com. An application must be completed, and resumes may be included with the application, but are not accepted in lieu of an application. Applications will be accepted by mail or may be dropped of at Custer City Hall. Position open until filled. EOE.
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APRIL 2020 2017
39
STAFF eNGINeer: Pierre, SD - The City of Pierre is seeking applicants for a Staff Engineer. This position assists the City Engineer in providing technical services related to City of Pierre infrastructure projects. Also assists Building Officials in plan review and issuing Building Permits. Duties include project feasibility analysis, municipal infrastructure project design & review and construction project administration. Qualifications include being skilled in Civil Engineering design, project management, and computer applications (MS Office, CAD design and drafting, GIS/ArcView). Professional Engineer licensure within 2 years of employment preferred. B.S. in Civil Engineering or a related field with a minimum 2 years of related experience. Excellent communications skills and a clear ability to work with diverse individuals and organizations is essential. $73,506.45 minimum with comprehensive benefit package. Application can be obtained at City of Pierre, PO Box 1253, Pierre, SD 57501, (605)773-7429, www.cityofpierre.org. Open until filled. EOE.
WATer-SeWer SuPerINTeNDeNT: Huron, SD The City of Huron has an opening for a full time WaterSewer Superintendent. Duties include planning, directing, and managing the Water and Wastewater plants, Water Distribution, and Sewer Collection operations of the City. Salary: $2,642.40 bi-weekly. Applications available online at www.huronsd.com, select “City Government” tab, then “City Employment”, City Fiance Office, 239 Wisconsin Avenue, Huron, SD or SD Department of Labor, 2361 Dakota Avenue S. Position open until filled. EOE.
For SALe: Plankinton, SD - 2012 John Deere Z925A 54 inch mower with bagger. 743.2 hours & good condition. The appraised value is $4,324.00. To view, call 605-9427767. Sealed bids must be received by City Hall by April 6, 2020 at 4:30 PM. Bids must be 90% of the appraised value.
For SALe: Plankinton, SD - 2016 Blackjack 54 inch mower with tilt deck. Has 50.2 hours. The appraised value is $2,019.00. To view, call 605-942-7767. Sealed bids must be received by City Hall by April 6, 2020 at 4:30 PM. Bids must be 90% of the appraised value.
For SALe: Wakonda, SD - 2011 Scag Turf Rider, 610 hours, 26 hp Kawasaki motor, 72” deck with two sets of blades. $8,000.00. Call Wakonda City Hall if interested, 605-267-3118. Visit www.sdmunicipalleague.org for more classifieds.
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SOUTH DAKOTA MUNICIPALITIES
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April 2020 T W T 1 2 7 8 9 14 15 16 21 22 23 28 29 30
F 3 10 17 24
S 4 11 18 25
S
3 10 17
M
4 11 18 24 25 31
April
May 2020 T W T
5 12 19 26
6 13 20 27
7 14 21 28
F 1 8 15 22 29
S 2 9 16 23 30
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)
APRIL 2020 2017
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) First meeting following election – Appointed municipal
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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 must elect one of their members to serve as mayor for a
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Gerald J. Spethman, Jr. Senior Vice President, Public Finance Banker
(402) 392-7933 (866) 466-9368 JSpethman@dadco.com
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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.
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term of one year. (SDCL 9-10-6; See Hdbk., sec. 2.615)
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