Issuu

Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

PRESIDENT Mike Wendland Mayor, Baltic

1st VICE PRESIDENT Pauline Sumption Finance Officer, Rapid City

2nd VICE PRESIDENT Debbie Houseman Finance Officer, Lake Andes TRUSTEES Fay Bueno Finance Officer, Sturgis

Karl Alberts Finance Officer, Aberdeen Steve Allender, Mayor, Rapid City

Christine Erickson Councilmember, Sioux Falls Amy Nelson City Manager, Yankton PAST PRESIDENT Meri Jo Anderson Finance Officer, New Underwood

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

Dist. 6 - Leland Treichel Mayor, Roscoe Dist. 7 - Arnold Schott Mayor, McLaughlin Dist. 8 - Harry Weller Mayor, Kadoka

Dist. 9 - Carolynn Anderson Finance Officer, Wall 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

New Laws Effective July 1, 2018 . . . . . . . . . . . . . . . .6

2018 SDML Annual Conference Agenda . . . . . . . . . .8

2018 SDML Excellence Award Nomination Form . . . .9 Elected Officials Workshop . . . . . . . . . . . . . . . . . . .10 SDBOA Summer Training . . . . . . . . . . . . . . . . . . . . .11

Municipal Debit/Credit Workshop . . . . . . . . . . . . . . .12

Budget Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 How to Keep the “When” from Happening . . . . . . .14 SoDACE Code Enforcement Officer of the Year . .17 SDPCA and SDSA Present 2018 Awards . . . . . . . . . .18

Obituaries: Sean McPherson and Myron Andersen .22 ICMA Conference Scholarship Application . . . . . . .24

SDMEA Hometown Power – Volga . . . . . . . . . . . . .26 The Complex Process of Building Infrastructure . . .28 Incrementalism: A Solution for Local Governments Unfunded Liabilities . . . . . . . . . . . . . .32

5 Ways That Cities Can Battle Back Against Phishing . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Why You Should Never Pay a Ransomware Ransom . . . . . . . . . . . . . . . . . . . . . . .38

Columns

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

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .42 Washington Report: Senator Rounds . . . . . . . . . . . . .44

In Every Issue

Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .45

Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . .52

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .53

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.

JUNE 2018

VOLUME 84, NUMBER 12

Director's Notes

It seems early for you to be thinking about the Annual Conference in October, but the City of Pierre and the League Staff have been working on it for a while now, and we want to make sure you are planning to attend. This year’s event promises to be one of the best ever, and the City is very excited to have the opportunity to have you all attend and is arranging some fascinating new features for you all to learn and enjoy.

The Conference schedule allows all affiliate groups to meet on either Wednesday afternoon or Thursday morning, and condenses the most intensive portions for the elected officials into the Thursday and Friday meetings. We realize it is often difficult for elected people to get away for the entire conference, so we hope you will be able to attend at least those two days – and the fall days along the Missouri are really something to look forward to!

SD Municipal Attorneys' Association Meeting

For those who are able to get away for more, there will be an entire program of interest to you, beginning on Wednesday morning and continuing until Friday at noon.

Another exciting opportunity is Wednesday evening event, allowing you to have some time on your own to explore all the City has to offer. We hope to arrange some “deals” for you with local businesses and establishments, also.

Our Thursday evening event will again be a highlight of the conference, with the banquet and a most amusing entertainment…you’ll just have to wait to hear what we have in store on this, but it is guaranteed to be a great time for all.

And of course, your days will be packed with informative training, learning opportunities, and the chance to discuss your local issues with your peers on the statewide level. At a registration fee of $100, which includes all the training sessions for three days, two breakfasts, two luncheons, and a dinner and entertainment, this is the best deal your city will make all year! Please see the agenda outline on page 8 for more information and watch the magazine and your mail for more details!

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

What: Luncheon Meeting

When: Thursday, June 21, 2018 12:00 p.m. to 1:00 p.m.

Where: Ramkota Hotel, Sioux Falls

Visit www.sdmunicipalleague.org/sdmlevents for the agenda and registration. 4

SOUTH DAKOTA MUNICIPALITIES

President's Report

It seems that summer has finally arrived! The sun is shining, the temps are warmer, and the trees finally have leaves. Another sure sign of summer is the increase in tourists visiting our fine state.

Tourism is South Dakota’s second largest industry, only second to agriculture, and has an impact on every city and town throughout South Dakota.

You may be asking yourself what your municipality can do to ensure that those traveling through, go away with a great first (or second or third) impression. That is simple, it is simply taking pride in your community!

What is the first thing that someone sees when arriving to your town? Your welcome sign, of course. The small gesture of making sure that not only your welcome sign, but all directional signs around your town are clear of brush and easy to read is a sure way to make a great first impression. You may also want to make sure that your town is free of excess garbage, weeds and anything else that may be considered an eye sore in areas common to travelers.

Tourism depends on strong local support and your local government is a key partner in growing tourism in your

area. Does your city or town have a handout or brochure to pass along to those visiting the area? This is a wonderful opportunity for you to highlight all of the great things you have to offer! Whether your town is someone’s final destination or just a stop along the way, you play an integral part in the experience that they have while there.

Does your community have an event coming up this summer? Send your event information to Sara at sara@sdmunicipalleague.org to have it listed in the magazine. Find July’s Hometown Happenings on page 47 of this issue. Enjoy your summer and remember that some of South Dakota’s best tourism destinations are right next door (or the next town over)! Mike Wendland Mayor, Baltic

6DUD 5DQNLQ VDUD JUNE 2018

New Laws Effective July 1, 2018

Several laws were adopted during the 2018 legislative session which will be of interest to municipalities. They include:

HB 1070, revise and repeal certain provisions regarding alcoholic beverages Along with a lot of clean up language, substantive changes include a provision that all types of establishments will be allowed to be open any day of the year – including Christmas, Memorial Day and Sundays unless local ordinance prohibits it. This is the opposite of how Sunday sales work now – so you may need to check with your city attorney to see if your ordinances need to be revised. Malt beverage licenses were combined into one on- and -off sale/farm wine license; and clarification was made on the pricing of restaurant licenses 10 years after adoption of the ordinance enabling them.

HB 1074, revise certain procedures regarding the creation of business improvement districts Allows a municipality to create a business improvement district even if the municipality does not have a zoning ordinance in place. HB 1100, require a name be printed on public contracts Requires the name of any person signing a contract on behalf of a purchasing agency be printed on the contract.

HB 1121, revise the fees for certain on-sale and off-sale retail licenses All municipalities will use the same system to set fees. For off-sale, the price will be not less than $300. For on-sale, the price will be not less than $1 per capita. Renewal fees are set at a maximum of $500 for off-sale and $1,500 for on-sale. HB 1154, revise certain provisions regarding municipal lease-purchase agreements Allows a municipality to enter into a lease-purchase

agreement for up to twenty years for an improvement to real property. Equipment lease-purchases agreements remain at a maximum of 10 years.

HB 1161, revise certain references to the International Building Code Update the reference to the most recent (2018) version of the International Building Codes.

HB 1163, revise certain provisions regarding municipal publication deadlines Clarifies the timing so the city has five business days to get minutes to the newspaper; and the newspaper then has 12 business days to publish them.

HB 1169, revise certain provisions regarding the commissioner form of municipal government For the commissioner form of government, defines what constitutes a vacancy and requires a majority of the members remaining eligible to serve in order to pass a measure, and, in order to prevent someone from merely not attending meetings and holding up the ability to act, a new section was added that parallels a similar provision in the aldermanic form, allowing the commission to establish, by resolution, an attendance policy and provisions for violation. HB 1172, revise certain provisions regarding meetings of certain public bodies Requires every entity subject to the open meeting laws to provide “a period for public comment, limited at the chair’s discretion, but not so limited as to provide for no public comment” at every official meeting.

HB 1173, to provide for inactive status of airport liquor licenses Allows a municipal airport to have an on-sale liquor license that is outside the caps and allows that license to be inactive without the municipality losing the license after 2 years. No license issued after July 1, 2018 can be sold, transferred, or operated anywhere other than the airport.

HB 1178, provide a penalty for the failure to complete timely audits by certain entities Requires Legislative Audit publish in every entity’s legal newspaper, and on the DLA’s website, notice of the failure to submit a timely audit report (for municipalities, under the requirements of § 4-11-4). An audit is timely if submitted to Legislative Audit not later than 18 months following the end of the entity’s fiscal year, or if a twoyear audit, not later than 18 months following the end of the entity’s second fiscal year covered by the audit. Establishes a penalty of $10 per day of delinquency, to be imposed by the attorney general, who may also waive the penalty for good cause shown. House Bill 1178 as adopted by the SD Legislature and signed by the Governor provides that for a fiscal year

SOUTH DAKOTA MUNICIPALITIES

ending on or after June 30, 2018 a government entity has 18 months following the end of its fiscal year to file a required audit with the South Dakota Department of Legislative Audit. For municipalities that means June 30th 1 ½ years after its fiscal year if audited annually and June 30th 1 ½ years after the second fiscal year if audited every two years.

The change in State law change does not change the filing date requirements for the Audit and other information on EMMA, if your municipality has a Continuing Disclosure Agreement regarding an existing bond issue.

HB 1183, revise the deadline for the certification of certain municipal ballot language to the county auditor Moves the deadline for submission of ballot language to the county auditor one week earlier when placing an issue on the general election ballot.

HB 1273, revise certain provisions regarding convention facility on-sale licenses to sell alcoholic beverages Currently, a municipality over 5,000 can only issue a convention facility on-sale liquor license if the facility has seating for 400 people and sleeping rooms for 100 people. Any city under 5,000 needs to have seating for 150 people and 40 sleeping rooms. This new law will allow cities under 20,000 population to issue licenses to those smaller facilities.

SB 58, to revise certain provisions regarding tax increment financing districts Added infrastructure for housing development that meets certain criteria (1st time homebuyer) to the acceptable use of a TIF that can be “spread” statewide.

SB 70, define the term, serve, for the purposes of regulating the sale and use of alcoholic beverages Adds a definition of “Serve” as the taking of an order for an alcoholic beverage and intentionally delivering the alcoholic beverage to a customer for the purpose of consumption on the licensed premises and the customer takes physical possession of the alcoholic beverage.

SB 86, revise certain requirements when a local unit of government sells surplus property through a real estate broker Removes the requirement that you get 90% of the appraised value of real property when selling surplus property at auction or through a real estate broker. Requires appraised value of real property be published with the notice of sale.

SB 98, revise certain provisions regarding the 911 emergency surcharge, the public safety 911 emergency fund, and revenue distribution and to repeal the 911 emergency surcharge sunset clause Permanently repeals the sunset of the 911 surcharge, leaving it in place at $1.25. SB 100, establish certain provisions related to grant JUNE 2018

monitoring and review and to revise certain record retention policies Among other provisions requires any county, city, or school district who receives an independent audit to make the audit report available on the entity’s website. SB 126, revise certain provisions regarding municipal annual reports Clarifies that all municipalities must file their annual report with Legislative Audit and extends the deadline for annual reports to May 31.

SB 147, authorize local governing bodies to establish the per diem rate for housing and development commissions Removes a $35 cap on the amount a municipality can provide as per diem for members of a housing and redevelopment commission, so that per diem could be determined locally. Among the notable revisions that are effective July 1, 2018 and that will impact these renewals are the following: •

•

The BW (on-off sale malt beverage and on-off sale South Dakota farm wine) license has been repealed The PB (off sale malt beverage) license has been repealed The PF (off sale malt beverage and off sale South Dakota farm wine) license has been repealed The RB (on-off sale malt beverage) license has been broadened to include on-off sale South Dakota farm wine

Beginning on July 1, 2018 the only malt beverage license that will be available is the new RB (on-off sale malt beverage and on-off sale South Dakota farm wines) license. The license fee remains at $300.00, half of which will be remitted to the state with the application.

The current BW (on-off sale malt beverage and on-off sale South Dakota farm wine), PB (off sale malt beverage), and PF (package off sale malt beverage and off sale SD farm wine) licenses will expire on June 30, 2018.

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SDML Annual Annual Conference Conference SDML October 3-6, 2-5, 2017 2018 Pierre Ramkota Hotel&&Conference ConferenceCenter Center Sioux Falls Ramkota Tuesday Tuesday

All Day 2 p.m. tee off Afternoon 7 p.m.

Wednesday Morning 8 a.m. to 4 p.m. 8 a.m. to 4 p.m. 9 a.m. 9 a.m. to 4 p.m. 9 a.m. to Noon 10 a.m. to Noon Noon Wednesday Afternoon 1 p.m. to 4 p.m. 1 p.m. to 4 p.m. 1 p.m. to 4 p.m. 1 p.m. to 4 p.m. 1 p.m. to 4 p.m. 4 p.m.to 5 p.m. 4 to 4:15 p.m. 4 to 4:15 p.m.

Tentative Schedule Tentative Schedule

SDPAA Board Meeting SDML Golf Tournament Set-up Exhibit Booths SDML Board of Directors Meeting

Registration Exhibits Open Orientation forSave New Attendees for Conference SD City Management Association SD Municipal Electric Association SDML Pooling Meetings/Fun Info Session Safety Awards Luncheon

Agenda

Elected Officials Workshop SD Building Officials Association SD Governmental Finance Officers Association SD Municipal Attorneys Association SD Municipal Police Chiefs Association SDML Policy Committee Meetings SDML Auditing Committee SDML Nominating Committee

Wednesday Evening 5 p.m. to 6 p.m. Exhibit Area Social 6 p.m. Enjoy a night on the town! Thursday Morning 7 a.m. 7:45 to 9 a.m. 8 a.m. to 4 p.m. 8 a.m. to Noon 8 to 9 a.m. 9 to 11:45 a.m. 9 to 11:45 a.m. 9 to 11:45 a.m. 9 to 11:45 a.m. 9 to 11:45 a.m. Noon Thursday Afternoon 1:30 to 5 p.m. 1:30 to 5 p.m. 1:30 to 5 p.m.

SDML 15th Annual Walk/Run Breakfast and SDML Past Presidents’ Breakfast Registration Exhibits Open Resolutions Committee Elected Officials Workshop SD Airport Management Association SD Governmental Human Resources Association SD Municipal Streets Maintenance Association SD Association of Code Enforcement Excellence in SD Municipal Government Award Luncheon General Sessions SD Chapter, American Public Works Association South Dakota Fire Chiefs’ Association

Thursday Evening 5:30 to 6:30 p.m. President’s Reception 6:30 p.m. Dinner and Entertainment

Friday Morning 8 to 10 a.m. 8 to 8:30 a.m. 8:30 a.m. 10:30 a.m.

Registration Breakfast General Sessions SDML Annual Business Meeting and Election

Accommodations

Hotel Ramkota - Host Hotel ClubHouse Governors Inn Baymont Quality Inn Holiday Inn Express My Place Days Inn

Phone 605-224-6877 605-494-2582 605-224-4200 605-224-4140 605-224-0377 605-223-9045 605-494-2090 605-223-1336

SOUTH DAKOTA MUNICIPALITIES

2018 SDML EXCELLENCE IN MUNICIPAL GOVERNMENT AWARD Official Nomination Form

EXCELLENCE

in South Dakota Municipal Government 2018

This year, the Excellence in South Dakota Municipal Government award will be presented to an elected municipal official in South Dakota. The award recipient will be selected from nominations received by the South Dakota Municipal League Past Presidents’ Committee. All nominations must be submitted in writing by August 15, 2018. The award will be presented at the SDML Annual Conference in Pierre on October 4, 2018. ELECTED MUNICIPAL EMPLOYEE

Name of Nominee: ____________________________ Title: _______________________________ Address of Nominee: ______________________________________________________________

Significant contributions to the municipality: ____________________________________________

________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Significant contributions to the community: _____________________________________________

Significant contributions to other organizations: _________________________________________

Significant contributions to South Dakota Municipal Government: ___________________________

Other Comments: _________________________________________________________________

________________________________________________________________________________ ________________________________________________________________________________

Submitted by: _________________________________ Phone: ____________________________ DEADLINE: August 15, 2018 Please submit to: South Dakota Municipal League Nominations are confidential. 208 Island Drive, Ft. Pierre, SD 57532 Additional supporting documents welcome. FAX to 605-224-8655

The purpose of this workshop is to provide a basic crash course on local government.

2018 Elected Officials Workshop

Wednesday, July 18, 2018 Ramkota Hotel & Conference Center • Pierre, SD

• THIS WORKSHOP IS OPEN TO ALL ELECTED OFFICIALS • Agenda

9:00 a.m.

Registration

9:35 a.m.

Snapshot of Liability and Work Comp Issues Lynn Bren, Director of Member Services, SD Public Assurance Alliance and Brad Wilson, CIC, AIC, SDWCS, Administrator, SDML Work Comp Fund

9:30 a.m.

10:30 a.m. 11:00 a.m.

Welcome and Introduction to the League Lori Martinec, Director of Research and Training, South Dakota Municipal League

Municipal Officials and Employees Laurie Gronlund, Human Resources Director, City of Pierre

Liquor Licensing and Laws Jason Evans, Deputy Director, Property and Special Taxes Division, SD Dept of Revenue

11:45 a.m.

Lunch (provided)

2:00 p.m.

Open Meetings and Executive Sessions - Do’s and Dont’s Steven Blair, Assistant Attorney General, Office of the Attorney General

12:30 p.m.

3:00 p.m. 3:30 p.m.

Financial and Compliance Matters Rod Fortin, Director of Local Government Assistance, SD Dept of Legislative Audit

Conflict of Interest for Municipal Officials Steven Blair, Assistant District Attorney, Office of the Attorney General Adjourn

Registration Form

Municipality:_____________________________________ Form of Government__________________________

Please Print Name and Title as you would like it to appear on the nametag. Name Title Email __________________________________ ___________________________ ______________________________ __________________________________ __________________________________

___________________________ ______________________________ ___________________________ ______________________________

Number Attending ______ @ $50.00/person = $_______________________ $50.00 per person includes workshop material, the SDML Handbook for Municipal Officials ($60 value) and lunch. Please return the form and payment by July 6, 2018* to: *No refunds will be given after July 6, 2018. Make checks payable to SDML. Sorry no credit cards accepted.

South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532

SDML Office Use Only: Date:_______________ Check #:______________ Amount:________________

South Dakota Building Officials’ Association Summer Training July 19-20, 2018 • Chamber of Commerce, Community Room • Pierre, SD (800 W. Dakota Ave.)

Thursday, July 19

1 – 1:30 p.m.

SDBOA Business Meeting

7 p.m.

SD Building Officials’ Cook Out Steamboat Park

1:30 – 3:30 p.m. Code Applications for NailLaminated Timber, GluedLaminated Timber and Cross-Laminated Timber

Friday, July 20

8 a.m. – Noon

2018 IBC Use of Fire and Smoke Separations Doug Thornburg, AIA CBO, Vice President and Technical Director of Products and Services for ICC

This seminar identifies those conditions under which automatic sprinkler protection and/or fire alarm systems are required. The application of the fire area concept will be discussed, along with the varying extent of which sprinkler protection required based upon specific situations. In addition, the discussion will address many of the key code conditions under which the presence of an automatic sprinkler system can be used to modify other requirements. Specific topics include: • Overview of fire protection sytems • Definition and application of fire areas • Required sprinkler and alarm protection based on occupancy classification • Optional use of automatic sprinklers. Upon completion, participants will be better able to: • Understand the design, construction and application of fire areas. • Identify those conditions under which an automated sprinkler system is required. • Identify the various types of alarm systems and when they are required to be installed. • Determine those situations where sprinkler protection can be used as a trade-off for other code requirements.

Registration Form

Municipality _________________________________________________________________________________ Name

Title

__________________________________

___________________________ ____________________________

__________________________________

___________________________ ____________________________

July 19th Meeting: Number of people attending ______

July 19th Golf: Number of people participating ______ (Payment made at Golf Course.)

July 19th Cookout: Number of people attending ______ July 20th Seminar: Number of people attending ______

Registration Fee and Deadline: SDBOA Member Registration: Free SDBOA Non-Member Registration: $95.00 Return Registration form by July 3rd to: No refunds will be given after July 3, 2018.

South Dakota Building Officials’ Association 208 Island Drive Ft. Pierre, SD 57532

Accommodations: A block of rooms has been reserved for the evening of July 19th at the Pierre Ramkota Hotel please call 605.224-6877 to make reservations. Rate is $101.00+tax for a queen or king. These rooms will be held until June 19, 2018.

SDML Office Use Only: Date:_______________ Check #:______________ Amount:________________

2018 Municipal Debit/Credit Workshop

Wednesday, June 27, 2018 Ramkota Hotel and Conference Center • Pierre, SD

Course Description: This one day workshop is designed for new finance officers, but has proven beneficial for veteran business officials and office support staff as well. The focus for this workshop will be the logical flow of information through the accounting system to the annual report, internal controls and documentation. Budget and legal compliance will be addressed throughout each segment of the workshop. Agenda: 8:00 AM – 4:30 PM (Lunch Provided) ● Accounting Overview ● Governmental Accounting Principles ● Computerized and Manual Accounting Systems ● Budgets and Budgetary Accounting ● Taxes Receivable ● Revenues ● Expenditures ● General Journal/General Ledger ● General Long-Term Debt ● Capital Asset Accounting ● Annual Report

Presenter: Rod Fortin, Director of Local Government Assistance, Department of Legislative Audit. He has audited and provided financial and compliance assistance to cities, counties, schools and other local governments for over 20 years.

Registration Form

Municipality:__________________________________________________________________________

Please Print Name and Title as you would like it to appear on the nametag. Name Title Email

_______________________________ ________________________ ___________________________

Number Attending _______ @ $25.00 each = $_____________ Make checks payable to SDML. Sorry no credit cards accepted.

Please return this form and payment by June 15, 2018* to: South Dakota Municipal League *No refund will be given after June 15, 2018. 208 Island Drive Fort Pierre, SD 57532

SDML Office Use Only: Date:_______________ Check #:______________ Amount:________________

Budget Training Municipal Budgets – Dollars and $ense

Course Description: This one day training will provide elected officials and finance officers with the tools they need to create and maintain the annual municipal budget. Attendees will learn about available resources, preparation and timelines for completion of the budget, on-going monitoring, contingency transfer and supplemental appropriation. Agenda: ● Budget and Appropriations ● Budget Resources ● Budget Timeline ● Budget vs. Cash ● Budget Preparation ● Adoption of Appropriation Ordinance ● Budget Execution ● Future Budgets

Registration Form

Municipality:__________________________________________________________________________ Please Print Name and Title as you would like it to appear on the nametag. Name Title Email

_______________________________ ________________________ ___________________________ _______________________________ ________________________ ___________________________

_______________________________ ________________________ ___________________________

Please choose one training to attend: Each training is from 10 a.m. to 3 p.m. local time with lunch provided. o July 12, 2018 Rapid City Ramkota Hotel o July 26, 2018 Sioux Falls Ramkota Hotel Number Attending _______ @ $25.00 each = $_____________ Make checks payable to SDML. Sorry no credit cards accepted.

Please return this form and payment by June 29, 2018* to: South Dakota Municipal League *No refund will be given after June 29, 2018. 208 Island Drive Fort Pierre, SD 57532 SDML Office Use Only: Date:_______________ Check #:______________ Amount:________________

How Can I Keep the “When” From Happening?

Lynn Bren, SDPAA Director of Member Services

Remember “it’s not if, it’s when?” And how Cyber-attacks are on the rise? You may have found yourself thinking, well, how do I keep all of this data safe? Is there anything that can be done to avoid some of these potential breaches? How do I get prepared in the event there is a breach?

Having Cyber Liability coverage will help get back on your feet after the incident occurs, but, with anything in life, taking steps to maintain a healthy electronic system is key to avoiding the ‘when’ from happening. Unfortunately, with ever changing technology, your information may never be completely safe, no matter how you are storing it, but there are steps you can take to help minimize your exposures. The suggestions below are some, but not all methods that can increase your data security.

Data Encryption Encrypting your data is one way to avoid having it stolen or ransomed. Encryption is the process of converting information or data into code, especially to prevent

unauthorized access. Encryption is one method of protecting your information from someone other than the intended recipient or users. Many email systems offer encryption within the send process. Cloud storage, payment systems and even your entire operating system can be encrypted. Encryption isn’t fool-proof, but it will certainly take a hacker more time to access the information if there is encryption involved. Encryption can be as easy as password protecting a certain file or document, to completely locking down your entire file system. Encryption cannot be effective if your system is already infected with malware, if you leave your system unsecured in open spaces or if you have weak passwords.

Passwords Everyone loves to change their password every 90 days, right? And keeping those passwords on a sticky note taped to your computer monitor is A-OK, right? Weak passwords mean that it takes a hacker less or no time to access the data that your password is protecting. Having strong passwords is the least complicated thing a user can do to protect data. Keeping your passwords secure is crucial to

SOUTH DAKOTA MUNICIPALITIES

maintaining a secure network. Taping your email password to your computer monitor is not keeping it safe. Similarly, having a folder in your system labeled “passwords” is also not recommended.

Microsoft suggests not using any personal information in your passwords, such as your name or birthdate, or basic words spelled in reverse. Additionally, they suggest not using words or sequences that are consecutive or near each other on the keyboard. If your password is 1234, you should plan on changing that.

Many systems also offer a two-step authentication process, in which the user sets up a phone number also linked to an account. After the password is entered, the user is then sent a code via text or SMS message which is then entered to allow access to the secured account. The second step makes it more difficult for the protected information to be accessed.

Antivirus Antivirus software is a program or set of programs that are designed to prevent, search for, detect, and remove

software viruses and malicious software like worms, Trojans, and adware intended to obtain and relay information to an unintended outside source. Having antivirus protection is the immune system for your network. However, like any good immune system, your antivirus cannot be effective if it is not kept up to date. Updating your antivirus will keep the software informed to newly identified attacks and threats. These programs are crucial to the protection of your information, as they serve as the last line of defense should an unauthorized party break into your system.

Firewall A firewall is part of the computing system which is designed to block unauthorized access while permitting outward communication. Most people do not even realize that the firewall is there protecting their information until they try to access that unauthorized website to find the latest recipe or read the blog about the new fun thing to do with your dog on the weekends. The firewall works like a security guard for your computer system.

Update Your Systems Most operating systems require updates to ensure that the system is running free of errors and can communicate properly with other similar systems. Updating your operating system also ensures that you will have the most up to date security features built into the operating system, which is often developed in response to new threats and invasions created by those seeking your confidential information. Intrusion Detection Systems An intrusion detection system is a form of network security technology that is used for detecting vulnerability exploits against a target application or computer. It will monitor network traffic and look for suspicious activity and alert users when that activity exists. Similar to any other electronic security or operating system, you must keep the software up to date to monitor for all new and existing threats.

Data Backup Regular data backups are a way to increase the security of your information. The information that is the backbone of your operation is the most crucial to be frequently backed up. If the information is lost due to an invasion or other type of loss, your backup should be able to replace lost or stolen data. Backing up your data is a key way to protect against malware or ransomware which takes your information hostage seeking payment for its surrender. Once established, saving your backup information to an outside drive, or to the cloud, is a virtually effortless way to ensure that all of your information is put away securely. Having your data taken hostage is agonizing, but knowing

MAY 2017 JUNE 2018

you have a backup of the information can make that situation less stressful.

Restrict Information Access Keeping certain information restricted will make it less vulnerable. Allowing all employees access to all information makes it more accessible for a hacker. The more opportunities to reach the data, the more likely an attack on that data is.

Security Policies And Procedures Everyone in your organization can be a security expert. The ideal is to ensure that all employees are educated about the security measures you have in place. Additionally, maintaining policies and procedures regarding such as internet and Wi-Fi use, personal use of company resources, and password requirements serve to keep data safe. Maintaining the policies is only the first step. Having refresher training will serve to remind employees about the various ways that they are involved and are truly the first step in protecting all your data from being attacked.

Any one of these steps or all of them can greatly improve the odds that your organization will be safer from an attack against your system. No system that is accessing the internet is 100% safe from a cyber-attack, but by implementing even just one of these recommendations will help reduce the potential for an invasion. Having good loss control policies and procedures in place is the first step in arming your first line of defense, your employees, against outside threats. The South Dakota Public Assurance Alliance offers loss control surveys and advice through our Member Services staff, as well as through our partnership with Safety Benefits, Inc. Our Members have access to these services at no additional charge. If you would like to speak with someone about the Cyber Liability coverage afforded as part of our Governmental Liability Package, please contact our office at 800-658-3633 option 2 or by email at sdpaa@sdmunicipalleague.org.

SOUTH DAKOTA MUNICIPALITIES

SoDACE Code Enforcement Officer of the Year

The SoDACE Code Enforcement Officer of the Year Award is given each year to a member of the South Dakota Association of Code Enforcement (SoDACE) based on a nomination that highlights the individual’s years of service, contributions to the municipality as a Code Enforcement Officer, contributions to their community as a citizen and personal accomplishments.

The following is from the presentation of the 2018 SoDACE Code Enforcement Officer of the Year Award. The award was presented by SoDACE Board President Geoff Fillingsness, City of Beresford, at the 2018 Code Enforcement Information and Training Conference held at the Ramkota Hotel and Conference Center in Pierre on May 9-10.

property. One large building in particular has gone from a property in shambles to being restored to hold community events and local business offices.

This person has proven to be a huge asset to the city, not only in their work role, but also as a volunteer. This person spends countless hours on the weekends and off hours helping residents and cleaning up areas of city property and also volunteering at the local animal shelter.

It gives me great pleasure to present the 2018 SoDACE Code Enforcement Officer of the Year to Clint Haffner of Belle Fourche.”

“It is my distinct honor to present the 2018 SoDACE Code Enforcement Officer of the Year Award.

When the decision was made by the city to hire this year’s Code Enforcement Officer of the Year Award recipient, they had no idea what an impact that decision would make. For years, code enforcement had been neglected and pushed aside. If you took a drive through town you would see abandoned and junk vehicles sitting in yards, severely dilapidated buildings, piles of junk and overgrown weeds and grass.

This person did not hesitate at getting to work to clean up town and bring pride back. This person has worked tirelessly with residents on not only educating them of the city ordinances and what they need to do to resolve the issues with their property, but also in helping them to do so. This person has helped them to find the resources they may need to be able to bring their property into compliance. This person takes great pride in working with the residents to resolve issues and has earned their respect in doing so.

As you take the same drive through town today, you can see the impact that this person has had. Properties that have been overgrown for years are now maintained routinely by the residents. On your drive you will notice that also gone are the huge number of abandoned and junk cars and piles at properties. The appearance of the town has truly changed with the efforts of this person. The city has seen nuisance buildings burned down in cooperation with the Fire Department, buildings town down and the lots sold to new owners who will bring life back to that JUNE 2018

Pictured are Chief Marlyn Pomrenke, Mayor Gloria Landphere, Clint Haffner and Sergeant Ryan Cherveny from the City of Belle Fourche.

In addition, Dave Smith, Code Enforcement Officer from Sturgis and SoDACE Immediate Past President was recognized for his years of service on the Board. Dave was presented with an engraved clock by SoDACE President Geoff Fillingsness during the Business Meeting.

Pictured are Dave Smith of Sturgis and Geoff Fillingsness of Beresford. 17

SD Police Chiefs’ Association and SD Sheriffs’ Association Present 2018 Awards

The SD Police Chiefs’ and SD Sheriffs’ Association presented a number of Awards at the Joint Spring Training held in Deadwood on April 18, 2018. Citizen’s Award of Merit

The Citizen’s Award of Merit is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations. The award is presented to a citizen, company or group who performed an exceptional act or demonstrated a continued pattern of actions that furthered the missions and goals of the SDPCA and SDSA, or who have made a significant contribution to the law enforcement profession in the State of South Dakota.

The recipient of this year’s Citizen’s Award of Merit is Chris Schafer, Hamlin County Director of Equalization. The following summary of events is from the nomination form submitted by his co-worker, Jessica Trautner. On August 17, 2017 we were traveling back to Castlewood,

Chief Lee McPeek, Watertown, SDCMA President presented the Citizen’s Award of Merit to Chris Schafer.

SD from Pierre. We pulled up to an accident. A semi pulling double trailers had hit a train. Chris immediately jumped out to help. The driver was pinned inside the cab. Two train engineers were trying to put the fire out, to no avail. Chris realized they weren’t going to get the fire out so he worked on getting the door open and getting the

SOUTH DAKOTA MUNICIPALITIES

driver out of the semi. He was able to pull him out seconds before it was engulfed in flames. The 16 year old driver had multiple injuries, but Chris’s quick thinking and experience saved this young man. Chris was very brave. During and after the young man’s recovery, Chris has been an encouragement and soundingboard for him. Anyone who knows Chris knows he would do it again tomorrow, because that’s who he is. Officer of the Year Award

The Officer of the Year Award is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations. All sworn officers are eligible to receive the award for exceptional achievement in any police endeavor, including extraordinary valor, crime prevention, investigative work, community policing, traffic safety, drug control and prevention, juvenile programs and training programs.

The recipient of this year’s Officer of the Year Award is Detective Joe Leveque, Sturgis Police Department. The following is from the nomination form submitted by Chief Geody VanDewater, Sturgis Police Department. Detective Joe Leveque has gone above and beyond for the kids in our community. Last year Joe was approached and asked to help find a way financially to keep the local youth boxing club’s doors from closing. Joe took the initiative to seek out a national program called Police Athletic League (PAL). Joe started the program which is the one and only in the state. Joe’s goal was to help build the boxing program as well as give the Police Department a way to interact with local youth while strengthening the relationships between youth and police in hopes of deterring juvenile crime. Joe has been successful with securing grants and donations locally as well as nationally. Those funds have been used to purchase everything the boxing club needs to function. Joe has also secured buildings for the club to practice and store their equipment

in. Joe’s success has continued to grow and he continually seeks grants to expand the PAL program. In June, thanks to a grant Joe received from Warf Mines, we were able to start a Youth Mountain Bike club. This club has grown to over 35 youth registered to ride every Saturday. Joe’s goal is to continue to expand and hopefully bring youth trap and skeet program to Sturgis in the next year. This is already in the works. Joe planned the local “day out” event that was put on by GF&P. This event brought in close to 100 kids from all over the local area. He was instrumental in getting donations, so we could feed all the kids and their parents as well as give every kid a fishing pole.

Joe is a solid leader of the Police Department. He has the respect of all the officers and continually does his job as a Sergeant and leads by example while keeping the goals and vision of the Department in mind. Joe has done all of this without compromising his performance and responsibilities. Medal of Honor

The Medal of Honor is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations and is for law enforcement officers who willingly distinguish themselves through an act of courage, involving a risk of imminent serious injury or death, for the purpose of saving or protecting a human life or while taking an armed and immediately dangerous suspect into custody. Two Medal of Honor Awards were given at this year’s banquet.

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Chief Geody VanDewater, Sturgis, presented the Officer of the Year Award to Detective Joe Leveque. MAY 2017 JUNE 2018

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Trooper Clark caught up with the vehicle and began going through the typical protocol for conducting a traffic stop. He turned on his emergency lights and initially believed the vehicle was going to pull over near the interchange of Interstate 229 and Cliff Avenue. The Mitsubishi slowed down and began to move to the right side of the roadway. As the Mitsubishi reached the right shoulder instead of stopping, it accelerated rapidly. It drove on the right shoulder, passing two civilian vehicles and nearly striking one of them on the off ramp.

Colonel Craig Price presented the Medal of Honor to Trooper Devrin Clark

Trooper Devrin Clark The first recipient of this year’s Medal of Honor is Trooper Devrin Clark of the South Dakota Highway Patrol. The following summary of events is from the nomination form submitted by Captain Jason Husby, South Dakota Highway Patrol. On November 26th, 2017, Trooper Devrin Clark was working along Interstate 229 in Sioux Falls, SD. At about 1638 hours he observed a Silver Mitsubishi Endeavor (SUV) that appeared to be speeding in the 65 mile per hour zone. Trooper Clark checked the vehicle’s speed which revealed it was traveling 81 miles per hours.

Trooper Clark properly notified dispatch of the pursuit and asked for supervisor notification. Over the next two minutes the Mitsubishi began to operate in a manner that was very reckless and looked like something out of a movie scene. It was traveling at approximately 100 miles per hour, passing vehicles on the right shoulder and sometimes driving on the grass along the side of the road and in the median. The Mitsubishi came close to hitting several civilian vehicles that were in the far right lane. The driving was erratic and at high speeds.

At about three minutes into the pursuit the suspect took the 10th Street Exit. The vehicle was traveling too fast and lost control near the top of the Exit Ramp. It struck a sign pole and eventually the concrete bridge barrier on the overpass.

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The vehicle caught fire almost immediately after the crash. Due to the violent impact of the crash, the driver was immobilized in the vehicle. Risking his own life, Trooper Clark approached the burning vehicle and pulled the young female to safety. She was un-able to move due to a severe fracture to her right lower leg. After removing her from the vehicle, which was still on fire, Trooper Clark reapproached the vehicle to check for other occupants. Fortunately, there was no one else in the vehicle.

The decision for any officer faced with this type of pursuit is to either discontinue the pursuit or remain in pursuit of the suspect vehicle. Both decisions have implied consequences, but Trooper Clark’s decision to remain in pursuit of the Mitsubishi was the correct decision. Based on the driver’s continued lack of regard, I have no doubt this manner of driving would have continued. Trooper Clark put his own life in danger to save that of a fleeing suspect. There is no higher calling for a law enforcement officer. The juvenile’s mother also thanked Trooper Clark for saving her daughter’s life.

Sheriff Tom Walburg, Lake County presented the Medal of Honor to Deputy Micah Hofman Deputy Micah Hofman The second recipient of this year’s Medal of Honor is Deputy Micah Hofman, Lake County Sheriff’s Office. The following summary of events is from the nomination form submitted by Sergeant Isaac Kurtz, South Dakota Highway Patrol.

Madison Hospital. The deputy received a gunshot wound to his left arm. The suspect was later taken into custody after a several hour standoff in a field. Numerous agencies were on scene.

Deputy Hofman risked his own life driving into the active gun fight with a suspect who was heavily armed. Had he not taken this action, the injured deputy very well could have been killed. Chief John Wainman Sr. Service Award

The Chief John Wainman Sr. Service Award is given for contributions by a member of the SDPCA which exceed the high standard and contributions normally made by members. This year’s Chief John Wainman Sr. Service Award was presented to Lieutenant Todd Brandt, Yankton Police Department. The following summary of events is from the nomination form submitted by Chief Brian Paulsen, Yankton Police Department.

On Tuesday, June 13th, 2017, Lieutenant Todd Brandt was advised that Lyle Jeffs, a fugitive on the FBI’s Most Wanted List was reported to be in the Yankton area. Jeffs had entered a local pawn shop and attempted to pawn some items. Lt. Brandt deducted that Jeffs would be camping in a remote area, attempting to avoid detection. Following up on other duties in the evening hours of June 14th, 2017, Lt. Brandt noticed the license plates belonging to Jeffs’ pickup truck. Brandt called for back-up, at which time Jeffs exited the outdoor bathroom at the local marina. Jeffs did not notice Brandt. Not wanting Jeffs to elude capture, Brandt put out a “Help an Officer” call and exited his personal vehicle and stopped Jeffs. Multiple units arrived at the scene and were directed to take Jeffs into custody, which was done without incident. Lt. Todd Brandt took it upon himself to keep his community safe and searched for Jeffs during his off time. In talking with Lt. Brandt, he stated he felt sick knowing that a fugitive from justice for approximately one year was living in his community.

This letter is to nominate Deputy Micah Hofman with the Lake County Sheriff’s Office for the South Dakota Medal of Honor Award for his life saving actions he took the morning of May 3, 2017 in rural Lake County.

On May 3, 2017 at approximately 0200 hours, Deputy Hofman responded to the scene of an active shooting where a McCook County Deputy had been shot after a vehicle pursuit. Deputy Hofman drove his patrol vehicle into an active gunfight, picked up the injured deputy who was seeking cover behind his patrol vehicle, and evacuated him to safety. Deputy Hofman then drove the deputy to the JUNE 2018

Chief Brian Paulsen, Yankton presented the Chief John Wainman Sr. Service Award to Lieutenant Todd Brandt 21

Obituary: Representative Sean McPherson

Sean Patrick McPherson, 47, of Rapid City, passed away on Thursday, April 26, 2018, at Regional Health Home and Hospice, surrounded by his wife and all his children.

He was born to Bill and Carol (McGrath) McPherson on November 23, 1970, in Goose Creek, South Carolina. Sean spent his early years with his family following his father’s Naval career. After his father’s retirement, the family settled in Newton, Kansas. Sean married his high school sweetheart, Kristin Landreth, in the Spring of 1990. They traveled the country for Sean’s Naval career throughout the 90’s.

After Sean’s Naval service, the family moved to Rio Rancho, New Mexico, where Sean worked for Intel Corporation. During his time in New Mexico, Sean found his salvation through the guidance of Pastor Chip Garrison and Pastor Jim Comfort. Shortly thereafter he felt the call into the ministry. Sean’s call to ministry lead he and his family to serve in South Dakota. Over 18 years Sean ministered as an associate at New Hope Family Church in Sioux Falls, as Senior Pastor at Harvest Community Church in Mitchell,

and finally as Senior Pastor at Real Life Church of the Nazarene in Rapid City, South Dakota. Sean’s favorite saying was “I love my church!” and he served with all his heart. In addition to serving his church and church family, God directed Sean towards service in the South Dakota State Legislature. Sean was honored to be elected as a Representative to the South Dakota House in the fall of 2016. Sean served the people of District 32 with passion and joy that was evident to anyone who spent time with him.

Sean is survived by his wife Kristin; his four children: Weston (Katy), Jordyn, Trinity and Jason. He is also survived by his daughter in love, Katy, and his two beautiful grandchildren, Thad Victor and Briar Jo, all of Rapid City; his parents, Carol and Bill, of Bolivar, TN; his brothers Bill (Donna), of Jackson, MI, Steve (Teresa), of Memphis, TN, Curtis (Kay), of Middleton, TN, and Jeff, of Colorado City, CO, and his grandmother Eleanor McGrath, of Grand Junction, CO. Sean was preceded in death by his grandparents, Arnold and Elsie McPherson and Robert McGrath, and brothers Andrew McPherson and Anthony McPherson.

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Obituary: Myron Andersen

Myron Dale Andersen, 80 of Badger, SD died Friday, April 20, 2018 at his home in Badger.

Myron Dale Andersen was born on October 18, 1937 at the Abbitt house in Arlington, SD to Soren and Anna (Olsen) Andersen. He was one of two children along with his older brother, Erling. Myron was baptized in the Danish Lutheran Church in Badger and confirmed in the Danish Lutheran Church four miles Northwest of Badger. It was the last confirmation service in the church before it was moved to Lake Norden. He attended grade school in Badger and high school in Arlington, graduating in 1955. Myron attended the winter and spring quarters at Southern State in Springfield, SD taking Carpentry and Construction courses and was a member of the South Dakota National Guard. On December 27, 1958 Myron was united in marriage to Janice Rae Jepsen of Arlington, SD. They lived their entire married life in Badger. They had four sons: Anton, Lars, Terry and Tim. Myron was a fixture in Badger having served as the Mayor since 1967, having first been appointed to the Town Board in 1963. This makes him the longest serving Mayor in the history of South Dakota and the 11th longest serving Mayor in the United States. During his tenure he and the Town Board accomplished many things: A municipal sewer system and water system, nearly unheard of for a town its size. Additionally, when the railroad stopped running through Badger, they moved the railroad depot a short distance to become the Town Hall and Water Department.

In Spring, 1956 Myron started Andersen General Construction that built/remodeled several houses and buildings in the area as well as the church his funeral will

be held in and the legion hall that his signature meal will be served after the services. In the last 25 years the majority of Myron’s work was around air conditioning, electrical, heating and plumbing. Janice and Myron enjoyed life. They loved to dance in their earlier years and also spent winters in Las Vegas for about 10 years in the 1980’s, while they were in their 40’s and 50’s. While doing their winters in Las Vegas they both worked at McDonald’s and he was very proud of his ‘Dad Andersen’ nametag as he traveled from McDonald’s locations to complete odd jobs throughout the Las Vegas market.

They raised livestock, primarily hogs, chickens, geese and ducks and were very involved in the American Legion and Auxiliary. They had three granddaughters who they enjoyed taking camping and involving them in community events. They enjoyed hosting people at the house whether it was for a meal or many times when someone was doing work for the town or the elevator they would stay at the house for weeks at a time. They served the 60 plus group meals for eight years from 2008 until 2016. That is when Myron lost his ‘Co-Pilot’ Janice after 57 years of marriage. Myron is survived by his sons, Terry (Peggy) of Badger and Tim (Randy) of Chicago, granddaughters Kelli (Carlos) of Omaha, Krystal (Chad) of Lake Poinsett and Angie (Charlie) Haberl their children Gunnar and Riley, sister-in-law Mary Lipp of Aberdeen and brother-in-law Bob (Connie) Jepsen of Council Bluffs. He was preceded in death by his wife Janice, parents Soren and Anna, brother and sister-in law Erling and Darlene, two sons Anton and Lars and granddaughter Kerri.

SOUTH DAKOTA BASIC CODE Affordable Codification for Small and Mid-Sized South Dakota Municipalities A comprehensive model code of ordinances for municipalities featuring: x Subject matter encountered by municipalities x Annual state law updates x

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SOUTH DAKOTA City management ASSOCIATION An Affiliate of the South Dakota Municipal League

ICMA Conference Scholarship Application Name: ___________________________________________________________________________ Title: ____________________________________________________________________________ Email Address: ____________________________________________________________________ Mailing address: ___________________________________________________________________ Number of years in SDCMA:____________________ ____________________________________ Are you a member of ICMA?________________________________________________________ Has your attendance at the conference been authorized by your governing body?_______________ (Please attach a letter or copy of meeting minutes authorizing your attendance.) Would you be able to attend the conference without the scholarship?________________________ What do you hope to gain from your attendance at the ICMA Conference? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ As part of the scholarship, the winner shall share their experience from the ICMA Conference with the SDCMA membership during the annual Spring Training. Is this something you are willing to do? __ Yes __ No Estimate of Conference expenses:

$ ________________ Airfare $ ________________ Hotel $ ________________ Transportation $ ________________ Meals $ ________________ Registration $ ________________ Total

Applicant must be a member of the South Dakota City Management Association. The 2018 ICMA Conference is scheduled September 23-26 in Baltimore, Maryland. The Scholarship fund allows for up to $1,500 per year, which may be awarded to more than one applicant at the discretion of the Board. SDCMA will reimburse the City of the scholarship recipient expenses related to registration, airfare, lodging, transportation, and meals not included in the conference package. Recipient is responsible for keeping all receipts and submitting them to the SDML for reimbursement. All reimbursement costs are subject to SDCMA board approval. Please submit the completed application to SDML, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605224-8655 no later than July 1, 2018, to be considered for the scholarship. Applications can also be emailed to Lori Martinec at martinec@sdmunicipalleague.org

_____________________________________________________________________________ 208 Island Drive • Ft. Pierre, South Dakota 57532 • 605.224.8654 • FAX 605.224.8655• www.sdmunicipalleague.org

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By Chris Hill, SDMEA Director of Municipal Electric Services HOMETOWN - Volga

Want to see Volga? Want to REALLY see Volga? Volga is a gem on Highway 14. Until you decide to be bold and turn down Kasan Avenue and check out this community, you might think it is a passer-by. Like several of the communities in South Dakota, if you don’t have a reason

to stop, you might continue along without even seeing the best parts of the city. I encourage everyone to leave for their destination a little earlier and check out the South Dakota cities and towns. You will NOT be disappointed. Volga will definitely NOT disappoint. This is the second time that I was able to visit Volga, so I knew how great it is once you leave your comfort zone and pull off of the highway. Today I had the pleasure of visiting with: City Administrator-Jameson Berreth, City

Welcome to Volga

Kasan Avenue looking south

Development on the west side of Volga.

Development on the east side of Volga.

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substation went up around 1996 when the soybean processors moved to town.

Pictured are Chad Collins, Jameson Berreth and Ashley Rentsch. Finance Officer-Ashley Rentsch, and Electrical Superintendent-Chad Collins (it was Chad’s birthday. I won’t reveal his age, but it is between 49 and 51).

These three are relatively new to their respected positions in Volga and are very knowledgeable and want to see Volga continue to improve and be successful.

I picked on Chad first. Chad came to the City of Volga in August of 2014. Prior to Volga, Chad had years of experience as a Journeyman Lineman. Right now, Volga has 99.9% of its electrical system underground. The City receives 20% of its Electrical Load from WAPA with the rest supplemented through Heartland Consumers Power District. Currently, there is an AMR deployment for meter reading and a load management system which manages water heaters. Right now, Volga has about 25% LED lights with aluminum poles. Chad has been replacing the High-Pressure Sodium lights with LED as they burn out and hopes to begin replacing more next summer. Two 10MW sub stations keep the city looped. The west substation was put into commission in 2015 and the east

Ashley Rentsch is from Volga originally, so when we needed information regarding the past, she had the answers. She also is my contact to find out information for the Comparison of Operations that the SDMEA completes. Ashley became the Finance Officer in September of 2014 and has seen many changes in her short time as the FO. Along with Chad and Jameson Berreth, they informed me that since 2016, they have seen over 110 housing units developed. Nearly seventy single family homes and forty multi-family units have been built. Two new businesses are breaking ground on main street this year as well as construction taking place on existing businesses. There are approximately eighty businesses in Volga, which continues to grow. Plan a stop in Volga, grab some lunch from one of the fine restaurants and take a drive around and look at the beautiful community. I was able to visit another wonderful South Dakota Municipality. Take the time for yourself to visit Volga and see what makes their HOMETOWN great!

Questions? Comments? Email me at Chris@sdmunicipalleague.org Or Call Chris: 605-7706299

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The Complex Process of Building Infrastructure

By Michael Thomas

With the new tax policy passed and signed into law, the president and Republicans in Congress have turned their attention to an ambitious infrastructure commitment. The president promised a $1 trillion investment during his campaign, and that number has now been raised to $1.5 trillion. GOP lawmakers are eyeing a bipartisan effort to support America’s increasing infrastructure needs, and the president is dependent on Congress to provide legislative text to support his plan. Bipartisan agreement will be a complex process, as both parties are looking toward looming mid-term elections, with polls showing opportunities and challenges for each side in the battle to control Congress.

Building infrastructure has long been a major part of U.S. domestic policy; the construction of dams, harbors, roadways, and bridges is tied to the development of the economy because of the processes inherent to building infrastructure, and the productivity that can result for the private and public sectors. The administration has kicked

off the budget process with an emphasis on rebuilding infrastructure, releasing a long-awaited infrastructure proposal alongside it. For now, the policy debate on rebuilding American infrastructure will center on how Congress and all other interested parties react to the president’s budget and proposal.

THE PROPOSAL On February 12, 2018, the White House issued a proposal for how it would like to address infrastructure improvement across the country. The proposal addresses five main programs and describes how $200 billion from the federal government will be used to simultaneously inject infrastructure projects with needed cash and attract additional funding from the private sector. The first three programs are structured like grants, while the other two will be used to help with financing. Funding versus Financing. The distinction between funding from the federal government and financing assistance from the government is an important one. Funds come from grants, and bonds provide financing. Financing

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help from the federal government means that qualifying entities could borrow money under conditions to pay for projects that offer a public good or service.

Grants do not need to be paid back like loans. Generally, the federal government distributes two kinds of grants. Categorical grants are allocated by fairly specific parameters, and organizations applying for them likely have a certain kind of project in mind. These grants are usually competitive and require applications. Block grants come with fewer conditions and have broad mandates such as lowering poverty levels or reducing drug use. Block grants are often allocated through predetermined formulas, and states receive funds automatically. Financing and funding can both be useful tools and each comes with its own set of costs and benefits.

The Incentives Program. The majority of funds will be allocated to a program that issues grants to projects across the country on a competitive basis. Three key agencies – the Department of Transportation, the United States Army Corps of Engineers, and the Environmental Protection Agency – will distribute $100 billion, but other agencies can petition these three agencies for funding. One of the main purposes of the incentives program is “attracting

significant new, non-federal revenue streams dedicated to infrastructure investments.” The amount of federal dollars a project can receive will be capped at 20 percent of the funding generated for the project (i.e., if a local government raises $100 million non-federal dollars for a project, the incentives program could provide up to an additional $20 million). States are limited to receiving a total of 10 percent of all the funds dedicated to the incentives program (i.e., the states and localities that are able to raise the most non-federal funds are in the best position to secure a grant).

Funding from sources other than the federal government comes from two main sources: repurposing revenue streams or creating new revenue streams at the state or local level, and the private sector. The proposal ensures that obtaining non-federal funding is a priority for states and localities vying for money by including a rubric for the merit of the project. The rubric weights “evidence supporting how the applicant will secure and commit new, non-federal revenue to create sustainable, long-term funding” at 50 percent. The proposal lists many kinds of projects as eligible to receive funding, including surface transportation and airports; passenger rail, ports, and waterways; flood control, water supply; hydropower;

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water resources; drinking water facilities; wastewater facilities; stormwater facilities; and Brownfield and Superfund sites.

Rural Infrastructure Program. Half of the remaining funds after the incentives program will go to a block grant for rural locations. The money – $50 billion – will be distributed based on a set formula predicated on “rural lane miles and rural population,” going to projects in areas with populations of 50,000 or less. Governors of applicable states will directly receive 80 percent of the funds to be allocated as they see fit, and the remaining 20 percent will be reserved for rural performance grants. The proposal states that these performance grants will be reserved for “eligible asset classes and according to specified criteria.” The administration is counting on governors to coordinate with the applicable federal agency and their state advisors to decide where and what projects to fund. As with the incentives program, a breadth of projects can be funded, including broadband projects, power and electric facilities, roads, bridges, public transit, airports, rail, maritime and inland waterway ports.

Transformative Projects. Administered by the Department of Commerce, $20 billion would be allocated for projects that the administration terms as

“transformative.” These projects would “fundamentally transform the way infrastructure is delivered or operated.” In this case, “transformative” seems to be another term for “high-risk, high reward.” The proposal goes on to describe possible eligible projects as “ambitious, ground-breaking project ideas that have significantly more risk than standard infrastructure projects…” This program is similar to other federal grants like Capital Investment Grants (CIG) in that funding will be applied in funding tracks associated with the lifecycle of the project in question. There will be three tracks — demonstration, project planning, and capital construction — with federal dollars contributing 30, 50, and 80 percent of the cost to each funding track, respectively.

Infrastructure Financing Programs. In an effort to expand capital through financing, the proposal wants to dedicate $20 billion to expanding the availability of certain financing options, including: • $6 billion allocated toward broadening the use of Private Activity Bonds (PABs) by allowing for more facilities financed by PABs to qualify for tax-exemption status. This will entail expanding existing categories and creating new ones. New categories would include flood control and stormwater facilities, and rural broadband service

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• •

•

facilities. Eliminating the alternative minimum tax provision on PABs, which the proposal claims will stimulate demand and lower cost for issuers. Remove state volume caps on PABs for public purpose projects. $14 billion for expanding federal credit programs like the Transportation Infrastructure Finance and Innovation Act, Railroad Rehabilitation and Improvement Financing, the Water Infrastructure Finance and Innovation Act, and the Rural Utilities Service, effectively making more projects eligible for these programs and lowering the cost of financing.

Before the proposal was rolled out, those working on infrastructure for the administration openly talked about the need to get permitting streamlined by setting a twoyear timeline on getting regulations cleared to start a project. This would be achieved by reducing the number of agencies that have input on approval for projects and by setting hard deadlines to keep the process within the twoyear time frame.

Where Does the Money Come From? The plan didn’t include details about how the proposed infrastructure initiatives will be funded. The administration has maintained that it will not seek new streams of revenue to support funding for the proposal and that existing funds would be repurposed. However, the White House issued its 2019 budget request on the same day as the infrastructure proposal, and the request had some details on potential funding sources. For example, the Department of Transportation is facing a 19 percent cut in funding from the previous year, roughly $3.7 billion, and programs like the Transportation Investment Generating Economic Recovery discretionary grant and the Capital Investment Grants program – which is also administered by the Department of Transportation – are facing reduction or elimination. Beyond repurposing funds, the administration has pitched expansion of toll roads as a method of fund raising. The proposal states that “providing states

flexibility to toll existing interstates would generate additional revenue for states to invest in surface transportation infrastructure”; however, like other new revenue-generating excise taxes, this idea has been met with mixed reviews.

In the Weeds. Congress has started providing ideas and proposals in response to the administration’s ideas. The president’s proposal does sufficiently emphasize the need for rural infrastructure spending, and while it does detail some specifics on how certain communities will be helped, the proposal itself serves more as a “starting line” for elected officials. The possible funding methods that the proposal has outlined—service fees and private-sector investment—have sparked a greater conversation over how much money is being spent on the proposal, and where the funds are coming from. The White House made it clear that, despite not seeking new federal revenue streams, it was open to new funding ideas, and the president even seemed to encourage the idea of raising the federal gas tax, if Congress decided to pursue that as a funding option. Concerns that the infrastructure proposal doesn’t include enough federal money prompted Democrats in the Senate to create of a counter bill, which was released in early March. This bill outlines priorities and funding sources and relies on rolling back many of the adjustments that were recently made to the U.S. tax code through passage of the Tax Cuts and Jobs Act. This would mean making changes including reinstating the highest personal income bracket of 39.6 percent and restoring the individual alternative minimum tax.

CONCLUSIONS House leaders believe that if the president wants to achieve an infrastructure spending package, he will need to provide consistent leadership for a bill and push hard to sell it to the American people. All kinds of ideas are coming from every direction. Beyond the core debate on funding sources – which has led to significant disagreement – there is also conflict over how a bill would be drawn up, and both chambers of Congress have voiced concern. Earlier in March, there was talk of producing a large bill by late Spring, but Senate leadership has publicly stated that getting any bill passed this year could be overly ambitious, and it might be put on hold until at least November. House Speaker Paul Ryan has discussed pursuing several smaller bills instead of the one, larger package that the administration would prefer. It is clear that consensus must be built on a multitude of issues first before progress can be expected. MICHAEL THOMAS is a federal policy associate with GFOA’s Federal Liaison Center in Washington, D.C.

MAY 2017 JUNE 2018

Incrementalism: A Solution for Local Governments’ Unfunded Liabilities By Shayne Kavanagh

The journey of one-thousand miles begins with a single step. -Chinese proverb

Many local governments struggle under the weight of unfunded liabilities. Pension liabilities are, perhaps, the most notorious of these, but there are many unfunded liabilities that local governments must be concerned with, such as those associated with: • Accrued employee paid time-off that must be paid out to employees upon separation. • Funding for self-insurance programs to reach prudent levels of coverage. • Maintenance to keep capital assets in acceptable condition.

The dollar amounts associated with these liabilities can be quite large – perhaps even so large that funding them seems like an unobtainable goal. This can lead to a sense

of helplessness, causing public officials to take no action at all to reduce the size of the liabilities.

A PERVASIVE FORCE However, public finance leaders might be able to harness one of the most pervasive forces in local government to help solve the problem of unfunded liabilities: incrementalism. Put simply, incrementalism is the practice of taking small steps over time in order to reach a larger goal, where each successive step builds on the last. Incrementalism is sometimes derided in local government because incrementalism does not provide the fast-paced, revolutionary change that people who are enthusiastic about government reform typically prefer. However, incrementalism does have the advantage of practicality. It allows a large number of stakeholders to come along with the change gradually, one step at a time. This slower and less jarring pace means that the coalition supporting the change is less likely to be pulled apart by centrifugal forces that accompany any significant organizational change. Incrementalism attenuates these forces.

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IS THE GOAL WORTH ACHIEVING? To make incremental progress towards the goal of funding liabilities, public managers must first establish that this is a goal worth reaching. Given the many competing priorities facing public officials, it may not be immediately obvious why they should want to fund liabilities. Further, some officials may see liabilities as a highly abstract problem, removed from their immediate concerns of providing services to the public.

A first step toward establishing funding liabilities as a worthy goal is to establish “financial sustainability” or a similar concept as one of the governing board’s official goals, on par with goals like “public safety” or “economic vitality.” For example, in 2016, San Bernardino County, California, had just seven goals, including one to “operate in a fiscally responsible and business-like manner”.

A second step is define a policy that furthers the goal of “financial sustainability” by describing the governing board’s intent to fund liabilities. San Bernardino County adopted the following policy in the form of an elaboration on their “fiscally responsible” goal (emphasis added):

[The County will] live with our means, fully funding maintenance of infrastructure and facilities, the provision of state-of-the art basic operating systems, liabilities, and reserves; while forming capital to strategically invest in the future.

The underlying objective of these steps is to create a feeling among public officials that funding the liabilities is a shared undertaking, and that everyone can trust that other officials share the same desire and will support efforts to reach the goal.

EXPLAINING THE CONNECTION In addition to making funding liabilities a formal goal, public managers may be able to illuminate a connection between the personal values held by public officials and funding liabilities. In San Bernardino County, many officials had a conservative political outlook. Funding liabilities was positioned as part of an overall “conservative” approach to public finance. Public officials in the City of Portland, Oregon, have a more liberal outlook. There, the ideas of funding liabilities out of sense of fairness to future generations of Portlanders and to preserve the quality of the community assets that the underprivileged segments of the community rely upon were effective for making the case for funding liabilities for deferred maintenance.

If funding liabilities is to be seen as a goal worth pursuing, it might also be necessary to help some public officials better appreciate the importance of funding liabilities. The reasons held by public finance professionals (e.g., 34

professional norms, best practices) maybe seem relatively abstract to the non-expert. Reasons that connect the problem to matters of day-to-day public services could be more compelling. A straightforward example is deferred asset maintenance. San Bernardino County used measures of pavement quality to illustrate the impact that deferred maintenance had on the public’s experience with county services. Pictures or tours of deteriorating facilities can be an even more visceral illustration. Similar illustrations can made even for liabilities with a seemingly more tenuous relationship to tangible day-today services. In San Bernardino County, the sherriff was forced to hold open, for up to a year, vacant positions after the separation of a deputy in order to cover the cost of paying out the accrued paid time-off to the separated employee. This meant that there were measurably fewer deputies on the street because the county had not funded this liability.

MAKING THE GOAL MORE MANAGEABLE Even if public officials are convinced of the merit of funding liabilities, the amount of money involved can make the goal appear unobtainable. Hence, the next step is to define specific funding goals and long-term funding schedules to get there. This breaks a larger goal down into more manageable pieces. San Bernardino County identified funding targets for its liabilities, which generally ranged from 100 percent to 80 percent, depending on the type of liability. For example, accumulated leave could have a lower funding goal because it is highly unlikely that the county would need to pay out the entire accumulated leave balance within a short time period. Historical experiences or actuarial assessments can be used to determine a prudent funding target. The county also identified long-term funding schedules, typically with a term of about ten years. These goals were set with the close cooperation the finance staff in order to ensure the goals were responsible and achievable. For instance, the county might set more aggressive goals for funding a self-insurance reserve than for funding accrued time off.

FUNDING THE LIABILITIES The last step is to begin actually funding the liabilities. San Bernardino began by using the annual budget surpluses that arose from its deliberately conservative budgeting practices. Governments without such conservative practices might look to other sources, like one-time revenue. The goal of the county’s management was to eventually migrate away from using surpluses (which are inherently undependable) toward making these contributions to the liabilities a part of the “baseline” budget. This took a number of years, but eventually SOUTH DAKOTA MUNICIPALITIES

making these contributions to the liabilities became an engrained behavior such that these contributions were no longer particularly extraordinary or noteworthy. Seeing progress being made against the funding schedule and appreciating the practical, on-the-ground reasons for funding the liabilities helped public officials stick with the practice. In fact, after a time some elected officials would actively encourage county management to be mindful of the unfunded liabilities and to make sure they were being addressed.

CONCLUSIONS Because incrementalism does not require people to absorb a great deal of change at once, it can be a good way for an organization to make progress. An inspiring, collective vision of the future can be achieved over time in small incremental steps. One key to this approach is to identify “small wins,” accomplishments that take place on a shorter-term time horizon and mark progress towards the larger goal. “Small wins,” like a funding goal and schedule for liabilities, allow the organization to focus on shorterterm objectives, and achieving these short-term objectives can provide motivation to continue.

San Bernardino County also shows that a good incremental approach does not involve just gradually making progress.

For example, San Bernardino took steps to make sure everyone saw funding the liabilities as a goal worth pursuing and to help everyone realize the concrete benefits of tackling what might otherwise seem like an abstract problem, removed from more pressing day-to-day concerns.

Taken together, San Bernardino County’s experience shows how the time honored-approach of incrementalism in local government can be used to address one of the most nettlesome financial problems facing local governments today: unfunded liabilities.

SHAYNE KAVANAGH is GFOA’s senior manager for research. He can be contacted at skavanagh@gfoa.org.

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5 Ways That Cities Can Battle Back Against Phishing

Brandon Bell, Network Infrastructure Consultant Sophicity: We put the IT in City

As information technology evolves and various tools and systems improve, why are there so many successful cyberattacks on cities? One big risk is people.

Hackers and criminals know that people are often the weakest link in an organization. Think about it. If you’re going to steal information from the most secure building in a city, what sounds like a better strategy? Breaking through the locked front door late at night, or tricking a city employee to let you walk right in?

Phishing works similarly. Hackers just need one employee to click on an email attachment to insert ransomware, malware, or a virus inside your city’s systems. And, the employee may not even realize they were just fooled.

Given the high probability of eventual success, it may seem impossible to prevent an employee from falling prey

to a phishing attack. However, there are five ways that cities can mitigate the risk and lower the chance of devastating consequences if a phishing attack does occur. 1. Regularly train employees and keep them aware of evolving phishing tactics. Use training to make employees aware that several kinds of phishing attacks exist including: •

•

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We’ve written about ways to spot phishing attacks in the past, but a few pointers that are always helpful to let employees know about include: •

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•

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Traditional phishing: This is the kind of phishing most people know about. You receive an email that purports to be from a bank, your phone company, or some other legitimate organization. The hacker uses the spoofed email to get you to click on a malicious email attachment or website link. Spear phishing and whaling: These two terms pretty much mean the same thing—a hacker goes after a specific city employee with a great deal of thought and effort. The stakes are usually higher here. For example, the hacker may try getting you to transfer a lot of money. Read how the City of Paris, Kentucky fended off such an attack. Vishing: This is a relatively new term that refers to phishing over the phone. Hackers may do something like pretend they’re a legitimate caller who needs a username and password over the phone. If you hand that information over, the hacker may then use that information to hack you online.

Spotting obvious scam signs: Check the sender’s name and email address. If an email supposedly from your bank is from linkmail383738333@kojel.com, then it’s probably not legitimate. Hover over URLs with your cursor. Do the URLs look suspicious (such as not taking you to the banking site)? Is the grammar poor? Organizations (especially large organizations) send out professional messages with good, mostly typo-free writing. Bad grammar is often the sign of a phishing email. Being slow to trust: Question each email you receive. Assume it is not legitimate, and that it is not from the person identified. Does it seem right? For example, if your bank contacts you in the middle of the day, says that “unauthorized access” occurred, and that you need to enter your username and password—now!—or you’ll be locked out of your account in an hour, does that seem right? Even if you think an email is legitimate, don’t use the link or phone number provided in the email. Go directly to the SOUTH DAKOTA MUNICIPALITIES

•

organization’s website or call the organization to confirm that they sent a legitimate message or request. Staying informed about modern scams: Hackers are always trying out new tactics and trickery. Keep employees up to date about new phishing tactics as you learn about them.

In addition to regularly training employees, you may also want to test them. For example, leverage your IT support staff to send out fake phishing attacks at your city to see if employees will click on them. Employees that get tricked can then receive extra training. 2. Develop policies and procedures about protecting information.

Even if you train employees about phishing, they’re more susceptible to phishing attacks if you lack clear policies and procedures around how sensitive information is handled. For example, clear policies and procedures around giving out passwords will mitigate the risk of an employee giving them away in a phishing attack. If employees know that their password is never (never, never, never) to be given out, even if an IT support engineer asks for it, then they will be less likely to fall prey to an email asking for that information. Employees will sense something is wrong because someone is breaking protocol.

3. Use Two Factor Authentication (2FA).

We recently wrote a blog post about the benefits of 2FA, but here we’ll address how it specifically helps protect against phishing attacks. Let’s say a hacker gets hold of a username and password. They won’t be able to hack into a system because they lack the second factor of authentication (such as confirming a code sent to an employee’s phone). 2FA decreases the probability of a hacking exploit because it creates two hurdles instead of one. It’s much, much harder for a hacker to gain access to a system or application that requires 2FA.

MAY 2017 JUNE 2018

4. Ensure that your IT basics are solid.

Because phishing attempts are always occurring, it’s good to ensure that your city implements IT basics that include: •

•

• • •

Antispam software: Usually part of email software, your antispam software can help prevent a lot of spam from even getting into people’s inboxes. Business-class email software: Cities should not rely on free or consumer-grade email that poorly or erratically segments out spam. Business-class email, managed by IT professionals, will help segment spam out from your legitimate email. Enterprise-class antivirus software: Modern antivirus software can help flag a malware or virus attack before it happens. Firewalls: Properly configured firewalls can prevent a lot of bad people from ever entering your systems. Software updates and patching: Hackers often exploit security vulnerabilities in software. Keeping software patched and up to date reduces the risk of a hacker exploiting a weak point in your software by way of a phishing attack.

5. Create a data backup and disaster recovery plan. Data backup and disaster recovery is your worst-case scenario insurance in case of a phishing attack. Many wellintentioned organizations that do all the right things can still fall prey to a phishing attack. A data backup and disaster recovery plan that includes an onsite component, offsite component, and periodic testing will ensure that you can recover your data to a time before ransomware, malware, or a virus invades your systems.

While you cannot completely eliminate the risk of a phishing attack, you can greatly lower your city’s risks by applying the five best practices above.

Why You Should Never Pay a Ransomware Ransom

Mike Smith, Network Infrastructure Consultant Sophicity: We put the IT in City

In the wake of a recent ransomware attack at the City of Atlanta, the question has been raised (again) about whether to pay a ransom or not. It appears the city ended up not paying, but other cities and government entities have done so. Unfortunately, IT professionals and law enforcement sometime give mixed signals about paying ransom. But you should never pay. Here’s why.

1. It is never guaranteed that criminals will unencrypt your data.

Criminals often ask for thousands of dollars in ransom. Would you take thousands of dollars from your city treasury and then flip a coin to see if you keep it? That’s essentially what happens when you pay criminals.

According to SentinelOne's Global Ransomware Report 2018 (reported in KnowBe4), “45% of US companies hit with a ransomware attack last year paid at least one ransom, but only 26% of these companies had their files unlocked.” Yes, only 26 percent! With such a low chance of your ransom actually unencrypting your data, it’s not wise to throw thousands of dollars at criminals. Plus, if you pay, criminals may also ask for more money or target you again—viewing you as a nice source of revenue!

2. It is never guaranteed that criminals will restore your data as it was.

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Visit the Events section frequently on the SDML website, www.sdmunicipalleague.org, to find out what meetings and trainings are coming up.

Once you get your data back, do you know for sure that it’s unaltered? If criminals had access to it, they could do anything with it. Delete some of it. Corrupt it. Implant malware into it. Who knows? These are criminals. You can’t trust them.

In some cases, ransomware attacks are led by sophisticated nation states or professionally organized criminal syndicates with deep pockets and resources. Who knows what they’ve done with and to your data before they give it back.

3. It is never guaranteed that criminals will no longer have access to your data. Remember, these criminals held your data hostage. By paying a ransom, you are trusting a criminal to perfectly return your data back to its previous state. And maybe they’ll also nicely clean up the mess they made to your data, computers, and network—and lock the door behind themselves on the way out?

Don’t bet on it. How do you know they don’t intend to still use the data they held hostage? You don’t know for sure if criminals accessed your data, still have your data, and intend to use your data for malicious purposes. 4. You’re supporting a criminal enterprise by paying the ransom.

Why is ransomware so rampant right now? Because it works. People are falling victim and then paying the ransom. If no one paid, criminals would not make money. If you pay the ransom, you’re funding criminal activity and encouraging it to continue. It’s no different than traditional blackmail or ransom. By not paying the ransom, you’re helping to cut off the lifeblood from these crime rings. 5. You’re further avoiding taking proactive steps to protect your environment.

A CBS News article about the City of Atlanta’s March 2018 ransomware attack said:

Atlanta was warned months before a recent cyberattack that its IT systems could easily come under attack if they weren't fixed immediately, an internal audit obtained by the CBS affiliate WGCL-TV shows. In the 41-page audit, which was presented to city leaders last summer, the city was told that its IT department was on life support and that were no formal processes to manage risk, WGCL-TV reports. SOUTH DAKOTA MUNICIPALITIES

Don’t be “that” city. Ransomware need not cripple you. Some key best practices include:

•

Data backup and disaster recovery: Because there is no guarantee that you’ll get your data back after paying a ransom, you need to take steps to ensure you can retrieve your data even after a ransomware attack. A tested onsite and offsite data backup and disaster recovery plan is your best insurance against a ransomware attack. Proactive IT support, maintenance, and monitoring: This includes antivirus software kept up to date, security patches applied to software, and senior IT professionals monitoring your systems for red flags. Ongoing employee training: All it takes is one employee clicking on a malicious email attachment or website link to download ransomware into your systems. However, ongoing training can help employees spot phishing attacks and avoid malware.

You should never pay a ransom, and you should never be in the position of even considering it as an option. Don't be that city leader who ignores the auditors, ignores best practices, ignores red flags and warning signs, and doesn’t ask “What are we doing about this problem?” until your ransomware attack is front page news.

State Surplus Heavy Equipment for Sale

The State of South Dakota will be offering a ‘PreSale’ opportunity of equipment to City, County, Township and Tribal Governments from June 14 through July 6, 2018.

After the presale has concluded, the equipment will no longer be available for purchase until public auction week: September 10-14, 2018. No exceptions. NOTE: Be certain to check availability date of equipment.

1. PREREGISTRATION to the site is required. (You will only do this once). A login ID and password will be required for the ability to purchase from the site. If you haven’t registered, visit www.sdsurplusproperty.com and click on “Registration.” 2. SIGN UP for email notifications throughout the year for surplus information from SD Property Management at www.sdsurplusproperty.com.

Please contact the SD Property Management office with any questions: SD Property Management Lennis Axdahl, Manager 1320 E. Sioux Ave., Pierre, SD 57501 605-773-4935 or email: surplus.property@state.sd.us JUNE 2018

State Transportation Improvement Program (STIP)

The South Dakota Department of Transportation (SDDOT) is developing a Tentative 2019-2022 Four-Year Statewide Transportation Improvement. Program (STIP). The Tentative STIP includes all the state sponsored transportation projects for this future time period.

In an effort to reach out to local units of government in South Dakota, interested individuals are hereby invited to attend one of these informal meetings to receive a preliminary look at the 2019-2022 “Tentative” STIP. This “Tentative” STIP document lists the projects that the South Dakota Department of Transportation has tentatively proposed in Federal Fiscal Years 2019 through 2022. The purpose of these meetings is to provide interested parties a preview of the 2019-2022 “Tentative” STIP and to brief them on its contents. This allows them to be better informed when attending the formal Public Meetings that will be held on the following dates:

Prior to formal public meetings being held, the SDDOT will be presenting the “Tentative” Statewide Transportation Improvement Program (STIP) at the following Planning and Development Districts. Informal Public Meetings June 21, 2018 - Pierre - 10:00 a.m. Central South Dakota Enhancement District at SD DOT, 700 East Broadway

June 26, 2018 - Watertown - 10:00 a.m. 1st District of Local Governments at their office, 124 1st Ave. June 26, 2018 - Sioux Falls - 3:00 p.m. Southeast Council of Governments at their office, 500 N. Western Ave June 27, 2018 - Yankton - 10:00 a.m. 3rd Planning and Development District at their office, 1808 Summit St.

June 27, 2018 - Aberdeen - 4:00 p.m. Northeast Council of Governments at their office, 416 N. Production St.

June 28, 2018 - Rapid City - 12:00 p.m. MDT Black Hills Council of Local Governments at their office, 730 E. Watertown St.

Formal Public Meetings July 10, 2018 – Aberdeen - AmericInn - 7:00 p.m. CDT

July 11, 2018 – Sioux Fall - Ramada Inn Airport - 7:00 p.m. CDT

July 12, 2018 - Rapid City - Ramkota Hotel - 7:00 p.m. MDT July 17, 2018 – Pierre - Ramkota Hotel - 7:00 p.m. CDT

July 19, 2018 – Webinar 2:30 p.m. CDT Visit our website at www.sddot.com for a link to the webinar 39

Applications Being Accepted for Community Access Grants

PIERRE, S.D. – The South Dakota Department of Transportation is now accepting applications for its Community Access, Industrial Park and Agri-Business Grant Program.

The Community Access Program provides funds on a competitive basis to communities with populations under 5,000 for use in new projects involving the repair or replacement of important local roads such as the road to the elevator, to the school or hospital and in the main business district.

The Community Access applications are due to the Department of Transportation by July 17, 2017. The application deadline is intended to provide successful applicants sufficient lead-time to complete design of projects prior to the 2018 construction season. Only applications for projects that have not been constructed will be considered.

The Industrial Park and Agri-Business Grant programs provide funds to assist communities who have a new industry or agri-business and need new or expanded access to the facilities.

Industrial Park and Agri-Business applications will be considered three times each year. These applications are due April 15, July 15 and Oct. 15 of each year. The applications will then be reviewed by SDDOT as well as the Governor’s Office of Economic Development before being considered at the Transportation Commission meetings.

Applications are available from: South Dakota Department of Transportation, Office of Local Government Assistance, 700 Broadway Avenue East, Pierre, SD 57501, or can be downloaded from the DOT website at: http://sddot.com/business/local/economic/Default.aspx.

If you need assistance in filling out your application, contact your local planning district or Paula Huizenga with the Office of Local Government Assistance at 605.773.6253.

For complete road construction information, visit www.safetravelusa.com/sd or dial 511.

SOUTH DAKOTA MUNICIPALITIES

Risk-Sharing

Employee vs. Independent Contractor in South Dakota

By Charlie Larson, Boyce Law Firm

The issue of independent contractor versus employer has been litigated in South Dakota. There is a presumption that the worker was an employee and it is the employer’s burden to establish the worker is an independent contractor. The Department of Labor and the South Dakota Supreme Court have provided a set of factors to consider when determining whether a worker is an independent contractor or an employee.

The following factors have been used by the Department of Labor as considerations when determining whether a worker is an independent contractor or employee: 1. The extent of control which, by the agreement, the master may exercise over the details of the work;

2. One must look at whether the employer has the ability to hire, fire, and lay off the worker. It is also important how much control the master has over the workers’ functions.

3. Whether the one employee is engaged in a distinct occupation or business.

Here, it is important to see whether the worker operated a separate business or under a separate trade name. It is also important whether the worker worked solely for this master, on a full time basis.

4. The kind of occupation with reference to, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision.

5. The skill required for that particular occupation. 6. Whether the employer or the workman supplies the instrumentalities, tools, and the place of work 42

for the person doing the work;

Here, “when the employer furnishes valuable equipment, the relationship is almost invariably that of employment.” See Larson on Worker’s Compensation §44.43(a). 7. The length of time for which the person is employed.

8. The method of payment, whether by the job or by the hour. 9. Whether the work is part of the regular business of the employer.

10. Whether the parties believe they are creating the relationship of master and servant.

The South Dakota Supreme Court has essentially adopted these factors although it has grouped certain factors into a two-part test. In Egemo v. Flores, 470 NW2d 817 (SD 1991) the employer argued the servant was an independent contractor. The court noted there was an important distinction as an independent contractor is not covered by workers’ compensation. The court stated there is a two factor test: (1) whether the individual has been and will continue to be free from control or direction over the performance of the services, both under contract or service and fact, and (2) whether the individual is customarily engaged in an independently established trade, occupation, profession or business.

In evaluating the “right of control test” the important considerations include direct evidence of the right of control, the method of payment, furnishing major items of equipment, and the right to terminate the employment relationship at will and without liability. In Egemo, the court noted the employer did not exercise control or supervision over the method or manner in which the servant completed his task. Furthermore, the master did not direct the hours of work, breaks, or even the days off. The court also noted the servant did not withhold any amounts for income tax, social security, or unemployment insurance. The employer also filed a Form 1099 as a nonemployee compensation form. The court noted the servant was required to supply all of his own tools, and his own maintenance and transportation to the work sites. Furthermore, the employment relationship could not be terminated without liability.

The significant considerations in the test of “independently established trade” are that: The requirement that the employee’s occupation be independently established and that he be customarily engaged and it calls for an enterprise created and existing separate and apart from the relationship with the particular SOUTH DAKOTA MUNICIPALITIES

employer; an enterprise that will survive the determination of that relationship. The individual must have a proprietary interest in the enterprise to the extent that he can operate without hindrance from any other individual. However, it is not skill alone which determines whether an individual is established in a trade or business, but whether that individual by reason of such skill engages himself in an economic enterprise such that he bears the risk of his own unemployment. Whether or not he is unemployed is solely a function of market forces and a demand for skills, not the response of his master to similar economic realities.

The South Dakota legislature has also addressed this issue and stated the difference between an employer and an independent contractor in SDCL 61-1-11. That statute states “service performed by an individual for wages is employment subject to this title unless and until it is shown to the satisfaction of the Department of Labor that: (1) the individual has and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and (2) the individual is customarily engaged in an independently established trade, occupation, profession, or business. The South Dakota legislature defined employee in SDCL 62-1-3 for the purposes of worker’s compensation. The definition is roughly the same as that set forth above.

JUNE 2018

Washington Report: By Senator Mike Rounds

Agriculture is the economic engine for many communities across the upper Great Plains. Farmers and ranchers play a critical role in feeding and fueling a growing global population, and also in our national security strategy. When we can produce affordable, nutritious food here at home, we don’t have to rely on other countries to obtain it. However, ag income has been in decline over the past five years, in part due to low commodity prices. I recently introduced a bipartisan bill with Senator Angus King of Maine and Senator John Thune of South Dakota that would open up much-needed new markets for small producers and processers.

Our common sense legislation would allow meat and poultry products that have been inspected by a Food Safety Inspection Service (FSIS)-approved state Meat and Poultry Inspection (MPI) program to be sold across state lines. Right now, there are 27 states with inspection programs certified by FSIS, which meet or exceed federal inspection standards. However, products processed at these FSISapproved state MPI inspected facilities are not currently allowed to be sold across state lines.

Opening New Markets South Dakota Producers

pass state inspection protocols to be sold across state lines. This legislation will create new markets for producers and processers, give consumers more choices at the grocery store and continue to maintain the high quality and safety standards necessary to keep consumers healthy.

We’re happy to have the support of prominent ag groups such as the United States Cattlemen’s Association, the South Dakota Cattlemen’s Association, the South Dakota Farm Bureau, the American Farm Bureau, the South Dakota Pork Producers, the South Dakota Stockgrowers and the South Dakota Meat Inspection Program Director. We also appreciate the support of Governor Dennis Daugaard.

South Dakota farmers and ranchers consistently produce among the highest quality products in the world. Our bill opens up new markets for small South Dakota producers and gives them the opportunity to compete in markets throughout the United States. As Congress continues its work on the upcoming farm bill, we will be seeking to get our commonsense legislation included in this important legislation.

A Strong Public Finance Partner in South Dakota

Under federal regulations, state MPI standards must be “at least equal to” federal meat and poultry inspection programs. In South Dakota, state-inspected meat products such as beef and pork are limited to markets within South Dakota despite being subject to inspections equal to or exceeding federal inspection standards.

Our bill would level the playing field for meat and poultry products while maintaining the highest quality standards for consumers. Since the state inspection standards are required by law to be equal to or better than the federal inspection standards, it makes sense to allow products that

MARK YOUR CALENDARS! Wednesday, August 15, 2018 #cityhallselfie day! 44

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Primary areas of focus include:

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SOUTH DAKOTA MUNICIPALITIES

JULY Hometown Happenings

May 25 - September 30 Legends in Light® Laser Light Show at Crazy Horse Memorial Crazy Horse May 25 - September 30 Mount Rushmore Evening Lighting Ceremony Mount Rushmore

July 1 -3 1880 Train Old West Shootout Hill City July 2 - 4 Sitting Bull Stampede Rodeo Mobridge

July 2 - August 1 The Phantom of the Matthews Opera House June 3 - August 11 50th Annual Red Cloud Indian Art Show Spearfish Pine Ridge July 3-4 Old Time Country Fourth Celebration June 22 - July 8 Custer “The 25th Annual Putnam County Spelling Bee” Fort Pierre 4th of July Parade, Rodeo Custer & Fireworks Fort Pierre June 29 - July 1 Sisseton Wahpeton Oyate Lake Norden Community Barbecue & Annual Wacipi Independence Day Celebration Agency Village Lake Norden June 30 - July 4 July 3 99th Annual Black Hills Roundup The Biggest Fireworks Show in Belle Fourche South Dakota Watertown June 30 - July 1 Archeology Awareness Days July 3 - 5 Mitchell Interior Frontier Days Rodeo Interior The Great Outdoor Festival Pierre July 4 Independence Day at Crazy Horse July 1 Memorial Strawbale Winery Sangria Sundays Crazy Horse Renner

Independence Day Celebration Huron Uncle Sam Jam Brookings

Independence Day Celebration Mitchell

July 5 Summer Porch at Strawbale Winery Renner Main Street Square Concert Series Rapid City 1880 Train Old West Shootout Hill City July 6 - 8 Badlands Astronomy Festival Interior Celebrate Sisseton Sisseton

Laura Ingalls Wilder Pageant De Smet July 6 Downtown Friday Nights Spearfish

July 7 - 8 Prairie Village Railroad Days Madison

CIVIL ENGINEERING & LAND L SURVEYING SERVICES

infrastructure noun in·fra·struc·ture the underlying foundation, framework and structures tha at are needed for a country, region, or organization to function properly.

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20 S. MAPLE E WATERTOWN, SD D

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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

JUNE 2018

July 7 Zippity Zoo Day Sioux Falls

July 13 - 15 The Arts Expo Chamberlain

July 8 Strawbale Winery Sangria Sundays Renner

July 13 - 29 OKLAHOMA! - Black Hills Playhouse Def Leppard & Journey Sioux Falls Custer

Family Fun Amazing Race Canton

Silver City Social Silver City

Tim McGraw & Faith Hill Sioux Falls

July 10 - 15 Deadwood 3 Wheeler Rally Deadwood July 12 - 15 Annual Hot Harley Nights Sioux Falls

July 12 Summer Porch at Strawbale Winery Renner Downtown at Sundown Brookings

Main Street Square Concert Series Rapid City 1880 Train Old West Shootout Hill City July 13 - 28 Northern Fort Playhouse Lake City

Laura Ingalls Wilder Pageant De Smet

July 18 - 21 Black Hills Corvette Classic Spearfish July 18 Trolley on the Trail Lead

July 13 Downtown Friday Nights Spearfish

July 19 - 22 Danish Day Viborg

The Fort to Field 50 Paddle Battle Pickstown

Summer Porch at Strawbale Winery Renner

Cruiser Car Show & Street Fair Rapid City

Burke Stampede Rodeo Idol Contest Burke

July 19 July 14 Spearfish Canyon Half Marathon & 5K Trail to the Burke Stampede Burke Spearfish

Neutrino Day Lead

Black Hills Opry with Aces & Eights Lead July 14 - 15 Brookings Summer Arts Festival Brookings

July 15 Strawbale Winery Sangria Sundays Renner July 17 - 22 Corn Palace Stampede Rodeo Mitchell

Downtown at Sundown Brookings

Main Street Square Concert Series Rapid City 1880 Train Old West Shootout Hill City July 20 - 22 Annual Gem & Mineral Show Rapid City Burke Stampede Rodeo Burke

Gold Discovery Days Custer

SOUTH DAKOTA MUNICIPALITIES

July 20 -21 Cookin’ on Kampeska Watertown

Ravine Lake Summer Festival Huron

Murdo Ranch Rodeo & Rough Stock Murdo JazzFest Sioux Falls

Storybook Land Festival Aberdeen

July 20 41st Annual Festival in the Park: Wristband Night Spearfish Downtown Friday Nights Spearfish

July 21 - 22 41st Annual Festival in the Park Spearfish

July 21 Native POP: People of the Plains - A Gathering of Arts and Culture Rapid City Annual Heritage Music Fest Elk Point

July 22 Strawbale Winery Sangria Sundays Renner July 24 - 28 Days of 76’ Rodeo and Parades Deadwood

July 26 Summer Porch at Strawbale Winery Renner Downtown at Sundown Brookings

Submit your event!

Want to submit an in-state event for the Department of Tourism’s Calendar of Events? Visit www.travelsouthdakota.com

MAY 2017 JUNE 2018

Main Street Square Concert Series Rapid City 1880 Train Old West Shootout Hill City

July 27 - 28 Yankton Rock-N-Ramble Motorcycle Rally Yankton July 27 Downtown Friday Nights Spearfish

The Red Willow Band Reunion Concert Lead July 28 RavineMan Triathlon Huron

Madison Discovery Day and Mart in the Park Madison Farm Fun Day at the Zoo Watertown

Folk Off & Rib Challenge Renner

July 29 Strawbale Winery Sangria Sundays Renner

Pool Testing

For more details visit www.travelsouthdakota.com. Municipal swimming pools are no longer regulated by the State of South Dakota, however, these facilities should be tested for coliform bacteria during each week of operation.

All pool samples should be tested for “total coliform”, which is an indicator bacteria for drinking water and pools. • “Total Coliform - Negative” means that no coliform bacteria were found and the water is safe. • “Total Coliform - Positive” means that coliform bacteria were found.

Two or more consecutive positive samples indicates a general trend of bacteria presence in the pool. Corrective measures should be taken, such as superchlorination, to prevent a health related incident caused by poor water quality.

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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 June 11 for the July 2018 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-224-8655. Visit www.sdmunicipalleague.org for more classifieds.

CITY ATTORNEY: Spearfish, SD - The City of Spearfish is seeking a full-time City Attorney. This position will act as Chief Legal Officer to the Mayor, City Council, City Administrator, and City staff to provide them legal advice and guidance in all areas, legal and otherwise, pertaining to all aspects of City government, ordinances, resolutions, contracts, agreements, policy directives, and day to day City operations. Graduation from an accredited school of law with Juris Doctor degree required. Four (4) years’ experience of a responsible nature in the practice of law with considerable experience involving municipalities, trying court or jury cases, preparing and reviewing contracts, pleadings, or laws and ordinances preferred; or any such combination of education/experience as may acceptable to the hiring authority. Admission to practice law in federal courts and in South Dakota state courts required.. Possession of a valid driver’s license and clean driving history required. Interested persons must submit a City application, cover letter, resume and salary requirements to the Human Resource Office, 625 Fifth Street, Spearfish, SD 57783 or to jodi.friedel@cityofspearfish.com. To view an entire position description please visit the City’s webpage at www.cityofspearfish.com. To view an entire position description please visit the City’s web page at www.cityofspearfish.com. Position open until filled EOE.

CITY ENGINEER: Belle Fourche, SD - The City of Belle Fourche is looking for a full-time City Engineer. This position is appointed by the Mayor and confirmed by City Council. Compensation depends on experience. Excellent benefits package. Bachelor’s degree from a four-year college or university and two years related experience or combination equivalent of training/experience as deemed acceptable by Mayor and Council or Engineer-in-training with certification per recommendation. This senior-level position is responsible for all duties undertaken by the Engineering, Planning and Zoning and Building Inspection departments and in assisting the other city departments in maintaining and improving the City’s buildings and infrastructure. City-owned infrastructure includes: Municipal Airport, Regional Landfill, Area Community Center; city-owned and operated water, sewer, street and storm sewer systems; and other buildings, facilities and infrastructure.A full job description, application form and benefits listing are located on our website at www.bellefourche.org or at Belle Fourche City Hall, 511 6th Avenue, Belle Fourche, SD, 57717. Applications accepted until position is filled. EOE. 50

CITY ENGINEER: Watertown, SD - The City of Watertown is accepting applications for City Engineer. Under administrative direction of the Mayor, this individual provides professional engineering, technical and administrative supervision for the City’s Engineering, Planning, Zoning and Stormwater programs. Minimum qualifications include a Bachelor’s degree in Civil Engineering from an accredited college or university, a valid driver’s license, eight (8) years of progressively responsible experience in public works field, and a minimum of four (4) years of supervisory experience; must obtain South Dakota Professional Engineer’s license in Civil Engineering within six months of hire. A successful candidate must establish residency within 35 miles of Watertown Regional Airport within six months of hire. Salary is DOE, excellent benefit package. Complete job description and City application form available at: City Hall Finance Office or www.watertown.us/Jobs.aspx. Send cover letter, completed City application and resume to: City of Watertown Human Resources Coordinator, PO Box 910, Watertown, SD 57201. Anticipated start date on or after June 1. EOE.

DEPUTY FINANCE OFFICER: Faith, SD - The City of Faith is accepting applications for a Deputy Finance Officer. Salary depends on experience. Benefit package included. Applications can be picked up at the Faith City Office or call 605-967-2261 and returned with a resume by June 8., 2018. EOE.

ELECTRICAL APPRENTICE/MAINTENANCE: McLaughlin, SD - The City of McLaughlin will be accepting applications for an Electrical Apprentice/Maintenance employee. This individual will assist electrical linemen in constructing, maintaining, and preparing power lines. Applicant would have to work to complete the Utilities Apprenticeship program. Applicant would also perform other duties as assigned working in water, sewer, streets, garbage and parks departments. Benefits include vacation, sick leave, personal leave and state retirement. For a detailed job description contact the City of McLaughlin, Box 169, McLaughlin, SD 57642, 605-823-4428, or by email at mclughsd@heartlandpower.org. Open until filled. EOE.

ELECTRICAL SUPERINTENDENT: Plankinton, SD - The City of Plankinton is seeking an Electrical Superintendent to manage & maintain the municipal electric system. Candidates for this position must have successfully completed an approved Electrical Line Worker program and have Journeyman experience. This position requires a strong working knowledge of a municipal electric system, departmental budgeting and a vsion for long range electrical planning. Applicants must be proficient with computers, including Microsoft, mapping and AMI systems. The Electrical Superintendent reports directly to the Mayor. Candidates must possess a Class A Driver’s license and are subject to random drug and alcohol testing. Salary depends on experience and qualifications. The city also offers a competitive benefits package. To apply, submit a cover letter, resume, salary history and three work-related references to Jeanette Smith, Finance Officer, City of Plankinton, PO Box 517, Plankinton, SD 57368 or by email at finance@plankinton.com. For more information or questions related to this position contact the above individual at 605-942-7767. Position open until filled. SOUTH DAKOTA MUNICIPALITIES

JOURNEYMAN/LINEMAN: Faith, SD - The City of Faith is accepting applications for a Journeyman/Lineman. Salary depends on experience. Benefit package included. Applications can be picked up at the Faith City Office or 605-967-2261 and return with resume by June 8, 2018. EOE.

POLICE OFFICER: Huron, SD - The City of Huron is seeking a full-time Police Officer. This individual will be responsible for enforcing the law through ongoing police work in the City. Work varies, exercising judgement within well established procedures and standards. Certified officers are preferred, but not mandatory - will train. Salary $20.79 - $26.74/ hour DOQ. Benefits package including Health Insurance, Term Life, Retirement, and Vacation/Sick Leave. Application packets are available online at www.huronsd.com or the City Finance Office, 239 Wisconsin Ave SW. Open until filled. EOE.

PUBLIC WORKS SUPERINTENDENT: Britton, SD - A degree in civil engineering, public administration or closely related operations. Perform complex supervisory, administrative and professional working planning, organizing, directing and supervising the Public Works Department, including environmental, water, sewer, street, traffic control, cemetery, airport, swim pool, parks, rubble site, forestry, and code enforcement. Will be required to get the following within 2 years: Minimum CDL Class B w/air brakes, Restricted Use Pesticide license, Water Distribution Class I, Wastewater Collection Class

I, Wastewater Treatment Class I (or Stabilization Pond Class I in lieu of Wastewater Treatment Class I) certifications. Applicant must be dependable, reliable, and friendly and be able to work with others. Must have a lifting capacity of 75 pounds. Full benefit package. For more info visit www.cityofbritton.com public notices. Applications available on web page or at City Hall; City of Britton, PO Box 126, Britton, SD 57430. 605-4485721. Applications accepted until position is filled. EOE.

WATER/WASTEWATER SUPERINTENDENT: Gregory, SD - The City of Gregory has a job opening in the public works department as the City’s Water/Wastewater Superintendent. South Dakota water/wastewater certification will be required after the first year of employment. Benefit package includes 100% paid individual health insurance, SD retirement, holidays, vacation and sick leave pay. Starting pay based on qualifications and experience. Applications and job description available at the Finance Office, PO Box 436, 120 West 6th, Gregory, SD 57533 or the City’s website, www.cityofgregory.com, phone 605-8358270 or email gregcity@gwtc.net. EOE. FOR SALE: Aberdeen, SD - 42 Musco Sport Field lights with remote ballast, used on baseball facility, sold without bulbs, contact Mark Hoven, Park Superintendent, City of Aberdeen, 605-626-7015. Visit www.sdmunicipalleague.org for more classifieds.

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JUNE 2018

June

2018 Events Calendar

5-6

Human Resource School, Sioux Falls

13-14

SDML Board of Directors Meeting, Baltic/Sioux Falls

6-8 27

July

Finance Officers’ School, Sioux Falls

Municipal Debit/Credit Workshop, Pierre

SD Municipal Attorneys’ Association Meeting, Sioux Falls

Budget Training, Rapid City

19-20

SD Building Officials’ Assoc Meeting, Pierre

Elected Officials Workshop, Pierre

Budget Training, Sioux Falls

22-23

Policy Committee Meetings, Fort Pierre

SDML Board of Directors Meeting, Pierre

August

October 2-5

SDML Annual Conference, Pierre

7-10

NLC City Summit, Los Angeles, CA

Joint SDML Board Meeting with County Association, Pierre

November December

IT MA M T TEERS. WA ATER. T TER It grows our children hild and a d crops. It develops our cities and coountry. It powers oour industries and buusinesses. It cleansses our bodies and thhe land. Providding water engineering and a related services to help h clients achieve succcess. WATTER ENGINEERING | CIV VIL ENGINEERING | LAND SERVICES | SURVEY/MAPPING/GIS MUNICIPA AL FINANCIAL SERVIC CES | ASSET MANAGEMENT | INSTRRUMENTA ATION & CONTROLS ELECTRICAL ENGINEERING | STRUCTURAL ENGINEERING | COMMUNIC MMUNICATION SERVICES

SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S

3 10 17 24

4 11 18 25

June 2018 T W T

5 12 19 26

6 13 20 27

7 14 21 28

F 1 8 15 22 29

S 2 9 16 23 30

S 1 8 15 22 29

June

M 2 9 16 23 30

July 2018 T W T 3 4 5 10 11 12 17 18 19 24 25 26 31

F 6 13 20 27

S 7 14 21 28

June elections – Follow the Municipal Election Calendar for all election deadlines.

Third Tuesday in June – A municipality may combine its election with a school district and hold the election on the third Tuesday in June. (SDCL 9-13-1.1; See Hdbk., sec. 7.050)

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 9-145; See Hdbk., sec. 5.115)

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 vice-president for the ensuing year. (SDCL 9-8-7; See Hdbk., sec. 2.520)

following the annual election, the commissioners 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)

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)

By June 30 – Applications for renewal of licenses for the sale of malt beverages should be filed before the expiration of June 30. (SDCL 35-4-2.5; See Hdbk., sec. 11.465)

By June 30 – All mechanical or electronic amusement devices must be registered. The secretary of revenue shall distribute the registration fee to the municipality in which the device is located. (SDCL 10-58-3 and 10-58-5; See Hdbk., sec. 12.255(7))

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, at the first meeting following the annual election, 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 JUNE 2018 MAY 2017

home, business, and other personal email or internet addresses. In addition, each municipal governing body shall provide contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity: City administrator or city manager; Building inspection; Engineering; Electrical; Fire; Police and law enforcement; Public works; Streets and highways; Sewer and waste water; Water; Telephone; Utilities; Emergency services or civil defense; Coroner; and 911 coordinator. (SDCL 33-15-11.1; 33-15-11.2; See Hdbk., sec. 9.400)

July

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

No later than July 1 – Each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer’s name and telephone number; and home, business, and other personal email or internet addresses. In addition, each municipal governing body shall provide contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity: City administrator or city manager; Building inspection; Engineering; Electrical; Fire; Police and law enforcement; Public works; Streets and highways; Sewer and waste water; Water; Telephone; Utilities; Emergency services or civil defense; Coroner; and 911 coordinator. (SDCL 33-15-11.1; 33-15-11.2; See Hdbk., sec. 9.400)

July 4 – Independence Day – State holiday (SDCL 1-5-1)

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 54

the mayor and common council form of government, the council must elect a president and vice-president for the ensuing year. (SDCL 9-8-7; See Hdbk., sec. 2.520)

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 term of one year. (SDCL 9-10-6; See Hdbk., sec. 2.615)

On or before July 15 – 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 resolution of the governing body of the municipality or by 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) By July 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))

Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172) Find the Municipal Calendar for the entire year in the SDML Handbook for Municipal Officials, Directory of SD Municipal Officials, or at www.sdmunicipalleague.org. SOUTH DAKOTA MUNICIPALITIES

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