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

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

Dist. 2 - Paullyn Carey Finance Director, Huron Dist. 3 - Dawn Murphy Finance Officer, Tea

Dist. 4 - Becky Brunsing Finance Officer, Wagner Dist. 5 - Renae Phinney President, Ree Heights

Karl Alberts Finance Officer, Aberdeen

Dist. 6 - Leland Treichel Mayor, Roscoe

Christine Erickson Councilmember, Sioux Falls

Dist. 8 - Harry Weller Mayor, Kadoka

Steve Allender, Mayor, Rapid City

Amy Nelson City Manager, Yankton PAST PRESIDENT Meri Jo Anderson Finance Officer, New Underwood

Dist. 7 - Arnold Schott Mayor, McLaughlin

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

2018 SDML Annual Conference Agenda . . . . . . . . . .6

2018 SDML Excellence Award Nomination Form . . . .7

2019 District Meeting Schedule . . . . . . . . . . . . . . . . .8

2018 Elected Officials Workshop . . . . . . . . . . . . . . . . .9 SDML Policy Process . . . . . . . . . . . . . . . . . . . . . . . .10

Hall of Fame Nomination Form . . . . . . . . . . . . . . . .11 Election Workshop . . . . . . . . . . . . . . . . . . . . . . . . . .12

Finance Officer of the Year Goes To . . . . . . . . . . . .15

Transient Vendor Season in South Dakota . . . . . . . . .17 July 1st is No Picnic . . . . . . . . . . . . . . . . . . . . . . . . .18 State Historical Society Awards Five Historic Preservation Grants . . . . . . . . . . . . . . .20

New Municipal Tax Changes Effective July 1 . . . . .21

Summer Food Services for Youth . . . . . . . . . . . . . . .22

Energize! Exploring Innovative Rural Communities Conference . . . . . . . . . . . . . . . .23 2018 State of the Cities from NLC . . . . . . . . . . . . . .24 Effective Budgeting of Salary and Wages . . . . . . . .26

Top Five Best Practices When Investigating a Claim of Sexual Harassment . . . . . .30

Harassment Policy Checklist . . . . . . . . . . . . . . . . . . .34 SDMEA Hometown Power Celebrating Todd Chambers . . . . . . . . . . . . . . . . . . .38

Columns

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

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .39 Washington Report: Senator Thune . . . . . . . . . . . . . .40

In Every Issue

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

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

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .49 SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . .19

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.

JULY 2018

VOLUME 85, NUMBER 1

Director's Notes Finance Officers’ School always reminds me how lucky South Dakota is to have fantastic municipal officials. It is amazing how much public service we get from our finance officers.

I don’t say it often enough and am willing to bet you don’t either – but THANK YOU to our finance officers. What a job! In a larger city, they might have the ability to focus on complicated finances – but so many of them are also doing other work, from collecting garbage (true story!) to building inspection, to planning and zoning, to animal control. It is far more than a bookkeeping job for all our finance officers. In addition, they are the front line for your city, responding to citizens who don’t often drop by city hall to spread compliments.

Yet the talk in the halls during Finance Officers’ School was not grousing – it was ‘how can I do my job better, what do you do in your town, how can we share

information and make our cities better?’ It is humbling to be around a group of true public servants – what an asset you cities have in these fine people.

We honored one such public servant this year. The winner of the Finance Officer of the Year Award was Sheila Coss of Miller. Sheila was nominated by her city for her countless contributions to Miller, including implementation of new software resulting in great improvements in efficiency and accuracy, and overseeing a number of major city projects. Sheila’s positive, calm attitude were noted multiple times, especially amazing in light of her personal difficulty with a medical diagnosis. Unphased, she took steps to manage her diagnosis, and became dedicated to helping others deal with their own health challenges. Congratulations to Sheila on this welldeserved award.

What an uplifting week, what great people there are in this organization – it is amazing.

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

Yvonne Taylor Executive Director

SOUTH DAKOTA MUNICIPALITIES

President's Report

The siren blares, a knock at the door and then a voice that says; “Police – you are all under arrest”. During the June Board meeting, that is what Mayor Mike and the Muni Gang encountered as they were unsuccessful in solving the BANK HEIST mystery. Conversely, Arnie’s Angels were able to piece together the clues and escaped Aunt Edna’s Condo.

You may or may not be familiar with what I am talking about. As part of the team building at the summer SDML board meeting held in Baltic, the board went to Escape 605 in Sioux Falls. In theory, it sounds very easy. Enter a theme room and use the clues to escape in 60 minutes. The main component of a successful team is communication! You must communicate with your team members in order to find the clues and successfully escape! I believe the caption posted below our picture on Escape 605 Facebook page summed up our experience very well: “Mayor Mike and the Muni Gang and Arnie’s Angels try for double the riches in Aunt Edna’s Condo and Bank Heist. Apparently digging around in family heirlooms is easier than robbing a bank.”

Before heading out for our team building activity, the board had a very productive meeting. A few highlights included potential constitutional changes, upcoming trainings and meetings and a preliminary agenda for the annual conference. One of the topics we had a lot of great discussion around was our District Meetings. To be honest folks, low attendance is a concern. A number of

suggestions were voiced but in the end, for 2019, we are going to continue with our current format.

Another such topic of conversation was construction within and near our cities. As we travel this summer, it is not uncommon to see those orange barrels lined along the road. Many of our cities may not display as many orange barrels, but we have plenty of activities happening. Water and sewer replacement, street projects, residential and commercial building. Of course, we hope that all of our budgeting and planning will help such projects get completed without too many complications. One thing – in my opinion probably the most importantthat makes projects successful is communication! Since we have been working and planning for some time, we take for granted what everyone else should or does. Do you hold pre-construction meetings with affected citizens? Are you keeping these citizens updated on progress? In Baltic, we have an upcoming street project. Besides mailing addresses, we have gathered cell phone numbers and email addresses for the impacted citizens. We will use this contact information to send out project updates. Whether you are communicating with your teammates while trying to successfully conquer an escape room or talking with your citizens about upcoming projects that may affect them, at the end of the day communication is key! Mike

SDML Board Members visited Escape 605 as part of a team building exercise during their June Board meeting. Mayor Mike and the Muni Gang were not as successful as Arnie and his Angels when it came to successfully escaping! JULY 2018

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 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 a.m. 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 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 Street 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 Day 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

ELECTED MUNICIPAL OFFICIAL

This year, the Excellence in South Dakota Municipal Government award will be presented to a 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.

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 Nominations are confidential.

Please submit to: South Dakota Municipal League 208 Island Drive, Ft. Pierre, SD 57532

District

2019 District Meetings Schedule Chairman

Vice-Chairman

2019 Date

2019 Site

Jennifer Eimers, Madison

March 20

Madison

March 13

Winner

Mike Grosek, Webster

Dawn Murphy, Tea

Mary McClung, Harrisburg

Renae Phinney, Ree Heights

Ron Blachford, Miller

Arnold Schott, McLaughlin

Gary Weismantel, Herreid

Carolynn Anderson, Wall

Laurie Woodward, Custer

2 4 6 8 10

Paullyn Carey, Huron

Becky Brunsing, Wagner Leland Treichel, Roscoe Harry Weller, Kadoka

Michelle DeNeui, Spearfish

Terry Jaspers, Sisseton

Larry Lucas, Pickstown Rick Boschee, Bowdle David Geisler, Murdo

Mark Carstensen, Sturgis

March 19 March 21 March 14 March 28

Britton

Canton Miller

Redfield

March 27

Mobridge

April 3

Keystone

April 2 April 4

Murdo

Spearfish

Evolved.

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SOUTH DAKOTA MUNICIPALITIES

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 • 9:00 a.m. 9:30 a.m.

9:35 a.m.

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

Registration

Agenda

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

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 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.

12:30 p.m.

2:00 p.m.

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

Lunch (provided)

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

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

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 5, 2017* to: *No refunds will be given after July 5, 2017. 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:________________

March/April: May/June:

August: September: October:

November:

SD Municipal League Policy Process

Members are asked at District Meetings and through the South Dakota Municipalities magazine if they are interested in serving on a policy committee.

The SDML President appoints the policy committees, usually made up of members from previous years, plus any new people who have volunteered. There are four policy committees, with about 25 people on each committee. Policy committee members come from all sizes of towns, and from all regions of the state. The committees are: • General Government Committee • Public Health, Safety, and Welfare Committee • Public Works Committee • Taxation and Revenue Committee

The four policy committees meet to review their own sections of the existing Statement of Policy, delete policies no longer needed, and add any new suggestions they agree upon. Staff follows up on questions or comments from the August meetings, and prepares information for the committees to consider when they meet again in October.

Policy committees meet again on the first day of the Annual Conference. The next day, the Resolutions Committee, made up of about 25 people representing all four policy committees, reviews the entire Statement of Policy and makes a final recommendation to be voted on by the entire membership at the Annual Business Meeting, held on the final day of the Annual Conference.

Staff uses the Statement of Policy adopted by the members at the Annual Business Meeting to develop a package of Legislation to take to the next Legislative Session. In addition, the staff uses the policies to guide positions taken by the Municipal League in response to legislation brought forward by others, and to answer questions about the League’s position on a variety of issues.

Policy Suggestions Needed

The SD Municipal League needs to hear from you! The League is beginning the legislative policy process that will end with a Statement of Policy adopted by the members at the Annual Conference in October. The current Statement of Policy can be found at www.sdmunicipalleague.org under the About the League tab. If you have thoughts or suggestions you would like to have addressed by the Municipal League or the State Legislature, please explain them below (use additional sheets if necessary) and return this form by July 27, 2018 to: Yvonne Taylor, SD Municipal League, 208 Island Drive, Ft. Pierre, SD 57532 or fax to 605-224-8655 or e-mail to yvonne@sdmunicipalleague.org.

Suggestions will be taken to the policy committees, where they will consider them for incorporation into the Statement of Policy. Suggestions may also be brought up from the floor on October 5, during the Annual Business Meeting, held at the SDML Annual Conference, October 2-5, 2018 in Pierre. City: ________________________________________________________

Your Name:___________________________________________________ Phone Number:_______________________

Suggested Legislative or Policy Change:________________________________________________________________

_________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

JULY 2017

2018 2016 Finance Officers’ School Photo Album

2018 Finance Officer of the Year Goes to...

The following was read by Dawn Murphy, SDGFOA President and City of Tea Finance Officer, when presenting the Award.

“The highlight of our luncheon today is honoring our Finance Officer of the Year.

Our independent judges, once again, found it very difficult to pick a winner as all were very deserving. Each nomination highlighted the contributions the Finance Officers make to their communities through the endless hours they put in both professionally and personally.

This year’s winner has made countless contributions to their city as finance officer. They have overseen the implementation of new computer software, which has resulted in drastic improvement in the efficiency and accuracy of the city finance department and has overseen a number of major city projects involving equipment updates, water and sewer updates and an airport upgrade. This person has been a shining example of poise and calm in a position that is frequently challenging and tumultuous. This person’s passion for serving the community is demonstrated by their membership in a number of roles in the community, in particular those that involve this person’s children. This person is always excited to support new ventures and programs within the community. When this person sees something that can be improved, they will find a way to make it happen!

Sheila Coss, Finance Officer from Miller was the award recipient, she is pictured here with her family and City of Miller employees.

This person always maintains a positive attitude that motivates those around her and is never afraid to tackle a problem head on. Following a challenging medical diagnosis, this person was determined to live life to the fullest. This person, after finding a way to manage their diagnosis through maintenance of a healthy lifestyle, became determined to help others reach their own health goals. This person is an amazing example of hard work and perseverance in both personal and professional life.

I am extremely honored to be presenting the 2018 Finance Officer of the Year Award to Sheila Coss of Miller.”

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

2018 Human Resource School Photo Album

South Dakotans Urged to Take Caution During Transient Vendor Season

With many transient vendors beginning to sell products and services in South Dakota, the Department of Revenue advises customers to ensure vendors are reputable before doing business with them.

“The Department of Revenue wants to ensure that transient vendors pay the proper amount of tax when they are operating in South Dakota, which is only fair to our in-state businesses,” Doug Schinkel, director of the Department of Revenue’s business tax division, said. “We want to safeguard against anyone taking advantage of our citizens. If you are considering making a purchase from a transient vendor, please take steps to verify that they are reputable. If the vendor can’t or won’t provide proof of a South Dakota business tax license, you should contact the Department of Revenue.” If you are considering hiring repair or construction services, please be advised to: • Ask for a price quote in advance and in writing. • Question the contractor about a permanent address and telephone number. If the information they provide is local, do not assume they are a local business. Transient vendors often have business cards printed with local mailing services or motel addresses and telephone numbers. • Ask for a list of local references and check them before making a decision. • Ask if the contractor has worker’s compensation and general liability insurance. If vendors are not properly insured, homeowners may be liable for accidents that occur on their property. • Be careful about paying for work in advance. Before making final payments, make sure transient vendors have paid their local suppliers or you may be held liable for unpaid materials. • Make sure you are completely satisfied with the work before paying the bill, and do not pay more for the job than originally quoted unless you have given written approval for the additional work or cost. • Ask the contractor for an excise tax license.

Out-of-state vendors often travel to South Dakota to sell items like fruit, seafood, meat packages, paintings, magazine subscriptions, rugs, T-shirts, sunglasses, household cleaners, furniture, stuffed animals and asphalting and roofing services. MAY 2017 JULY 2018

Taking these precautions can help ensure your safety as a consumer: • Question the salesperson about the product, warranties, guarantees, etc. • Get the company’s name, address and phone number in writing. • Ask to see their current South Dakota tax license. State law requires everyone selling products or services to have a current South Dakota sales or contractor’s excise tax license. To verify if the license is valid, call the department’s toll-free helpline at 800-829-9188.

All sellers must provide you with a contract or receipt at the time of sale showing the date, the merchant’s name and address and a statement informing you of your right to cancel the contract within three days. After proper cancellation, the seller has 10 days to refund your money. If you have doubts about the vendor or think you may have been the victim of a scam, contact the Attorney General’s Consumer Protection Office at 800-300-1986 or by email at consumerhelp@state.sd.us. Be prepared to give as much information as you can about the vendor, including the name of the company and salesperson, company address and telephone number and the make, model and license number (if possible) of the vehicle the vendor was driving. Tips from the public are valuable in assisting law enforcement catch illegal vendors before they move on to the next community. For more information on transient vendors, contact the South Dakota Department of Revenue’s toll-free helpline at 800-829-9188, press “1” for the business tax division.

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July 1st is No Picnic: Preparing for the Effective Date of New State Statutes

By: Dave Pfeifle, Executive Director, SDPAA

Each July brings Fourth of July picnics, providing much excitement but also the added responsibility to figure out what to feed that many people. The term “picnic” is a bit of a misnomer as planning and preparing a meal and activities for dozens or even hundreds of guests is no picnic. Each July 1st also means that the newly enacted state statutes take effect, bringing new responsibilities for local governments in South Dakota.

While no one could make July 1st a “picnic,” the SD Municipal League and SD Association of County Commissioners prepare their Members for these new responsibilities. Their endorsed pools—the SD Public Assurance Alliance (SDPAA) and the SDML Worker’s Compensation Fund—provide their local government Members the needed coverages to operate safely and effectively under these new responsibilities.

The SDPAA is governed by an eleven-member Board of Directors consisting of public officials and public employees drawn from their own public entity Members. The SDPAA staff consists of public employees with considerable claims and local government experience who can uniquely identify any emerging issues for local governments, including the impact of any new state legislation. This article will highlight three measures that will become effective on July 1 that may impact local governments’ liability exposure: 1. Breach of computerized data system

Cyber-attacks have occurred throughout the country, targeting many types of businesses and other organizations, including local governments. During the 2018 Legislative Session, the SD Legislature enacted SB 62, which provides new notice requirements for “information holders” to follow when certain cyberattacks occur. Under this new measure, a “person” or business that conducts business in this state that owns or licenses computerized personal or protected information of residents of this state is an “information holder.” The “information holder,” upon discovery of or notification of a breach of their system’s security must promptly notify any person or resident of this state whose personal or protected information was, or is reasonably believed to have been, acquired by an unauthorized person. This notification must occur within 60 days, unless a longer period of time is needed for legitimate needs of law enforcement.

A “person” is not specifically defined in this measure, but a “person” is defined elsewhere in state statutes to include a local government entity. See SDCL 22-1-2, SDCL 3724-6 (“person” includes “any other legal entity”). On July 1 and thereafter, if a local government has a breach of their computer system security, or is reasonably certain such breach has occurred, where certain statutorily-defined personal information is acquired unlawfully, then the local government may need to follow the specific notification requirements. These new notification requirements could be met if the local government otherwise complies with federal law and maintains procedures for a breach of system security pursuant to the federal laws and regulations established by the “primary or functional federal regulator,” such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Gramm Leach Bliley Act.

Members of the SDPAA are eligible for cyber liability coverage which provides indemnification and resources in dealing with a wide variety of cyber-attacks and assistance in complying with notification requirements. Members of the SDPAA are also eligible for Enhanced Crime Coverage that may also provide coverage for other types of Computer Fraud and Funds Transfer Fraud. Local governments may need the knowledge and expertise that accompany these coverages in complying with the notification requirements of other states in the event that out-of-state persons have been the victims of a cyberattack of a local government in South Dakota.

2. Public input at every Official Meeting of a Public Body The SD Legislature enacted House Bill 1172, which will require, “The chair of the public body shall reserve at every official meeting by the public body a period for SOUTH DAKOTA MUNICIPALITIES

public comment, limited at the chair’s discretion, but not so limited as to provide for no public comment.” While this may not affect those public bodies comprising elected officials who already allow for general public input, this new requirement may affect many, if not all, citizen boards such as a municipal or county Planning Commission who may not have been allowing for general public input in the past. Public bodies should place a specific item on every agenda for general public input/comment. The new law leaves the time limits for public input to the discretion of the chair of the public body. However, public bodies should devise rules now, if any, on how much time will be allowed for each speaker and how many speakers will be allowed per meeting or the total time allowed. It could create a significant liability exposure for a public body to wait until a particular meeting to devise those rules on the spur of the moment. The SDPAA provides coverage for those types of liability exposures for its Members. No specific rule of thumb exists on public input. Public comment/input rules vary as it is common to see particular public bodies allow anywhere from two to five minutes per speaker and then prescribe various total time limits, if any. Some public bodies announce those time and speaker limits on each agenda item; it is anticipated those same public bodies may place those identical limits on their agenda on the item reserved for general public comment/input. Local governments should consult with their attorney on the best approach to fit their particular needs for a particular board, commission, or other public body.

3. Draft minutes available within 12 days Enacted House Bill 1163 will now require the municipal finance officer to deliver the minutes and record of official proceedings of the governing body of that municipality to the official newspaper within five business days after the official meeting. This is a change from the current oneweek requirement. Also, those official minutes, including a detailed statement of all expenditures of money and the name of each person paid and the service provided, must be published within twelve business days. This publication time frame is shorter than the thirty days allowed currently. Municipalities should confer with their official newspapers and amend their contracts with them as necessary to ensure that these new deadlines will be met.

As noted above, the SDPAA offers Governmental Liability, Cyber Liability, and Enhanced Crime Coverages to our Members. SDPAA Members also have access to loss control surveys and advice through our Member Services staff as well as through our partnership with Safety Benefits, Inc. at no additional charge. If you would like to speak with someone about any of these coverages or services, please contact the SDPAA office at 800-6583633 option 2 or by email at sdpaa@sdmunicipalleague.org. MAY 2017 JULY 2018

2018 Events Calendar

July 12

Budget Training, Rapid City

19-20

SD Building Officials’ Assoc Meeting, Pierre

Elected Officials Workshop, Pierre Budget Training, Sioux Falls

August 22-23

Policy Committee Meetings, Fort Pierre

SDML Board of Directors Meeting, Pierre

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

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

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

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

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State Historical Society Awards Five Historic Preservation Grants

Historic preservation projects in Custer, Faulkton, Mitchell, St. Onge and Yankton have received matching grants from the South Dakota State Historical Society.

“2018 is the 21st year for this historic preservation grants program,” said Jay D. Vogt, director of the State Historical Society. “In 2017 we awarded $123,869 between 10 projects which had matching funds of $292,993. The resulting total public-private investment is $416,862. This program is designed to encourage restoration or rehabilitation of historic properties and is one more way we can promote and protect our history and culture.”

The grants are awarded through the State Historical Society’s Deadwood Fund grant program. Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state. The program is administered by the society’s State

Historic Preservation Office at the Cultural Heritage Center in Pierre.

The following projects were the most recent to receive grants to supplement their work: • Custer: 1881 Courthouse Museum, built in 1880, a $15,000 grant was awarded for foundation repair and stabilization along with exterior rehabilitation, which includes the columns and balustrade on the porticos; • Faulkton: Pickler Mansion, built in 1882-1894, received $20,000 for continued stabilization by repairing beams and floor joists; • Mitchell: Mitchell National Bank, built in 1907, received $10,000 for roof repair; • St. Onge: Anderson-Ridley Barn, built in 1902, received $5,540 to repoint the barn walls; and • Yankton: United Church of Christ, built about 1890, received $10,000 for stained glass window repair.

These new recipients represent a total award amount of $60,540 and matching funds of $135,495. The total public-private investment is $196,035. These figures are reflected in the 2017 statistics above.

Deadwood Fund grants are awarded twice a year with grant application deadlines of Feb. 1 and Oct. 1. They are reviewed at the spring and winter meetings of the State Historical Society’s board of trustees. For more information on the Deadwood Fund grant program, contact the State Historic Preservation Office at the Cultural Heritage Center, 900 Governors Drive, Pierre, SD 57501-2217; telephone (605) 773-3458; or website history.sd.gov/Preservation.

The South Dakota State Historical Society is a division of the Department of Education. The State Historical Society, an Affiliate of the Smithsonian Institution, is headquartered at the South Dakota Cultural Heritage Center in Pierre. The center houses the society’s worldclass museum, the archives, and the historic preservation, publishing and administrative/development offices. Call (605) 773-3458 or visit www.history.sd.gov for more information. The society also has an archaeology office in Rapid City; call (605) 394-1936 for more information. 20

SOUTH DAKOTA MUNICIPALITIES

South Dakota Awarded $21 Million Federal INFRA Grant

Secretary of Transportation Darin Bergquist says the South Dakota Department of Transportation has received a $21 million Infrastructure Rebuilding America (INFRA) grant to be used for the Veteran’s Parkway project in Sioux Falls.

U.S. Sen. John Thune announced the award in a press release on June 5. Thune, along with colleagues in the House and the Senate, authored the grant program that was included in the Fixing America’s Surface Transportation Act of 2015.

“We are thankful to Sen. Thune for advocating to U.S. Secretary of Transportation Elaine Chao the importance of safe and reliable infrastructure to the citizens of our rural state,” says Bergquist. “This additional funding will not only help the Veteran’s Parkway project, but allow the department to move forward with an additional $21 million in construction projects for FY2018 that were not originally programmed.”

The Veteran’s Parkway project was let to bid in November of 2017 at nearly $55 million dollars and is one of the largest highway construction projects let by the SDDOT.

This multi-year project will reconstruct the interchange of Interstate 90 at Exit 402 with Veteran’s Parkway, reconstruct one mile of rural, two-lane Timberline Road to a six-lane divided highway and reconstruct two railroad grade separations. To date, the department has completed construction of Veteran’s Parkway from 57th Street north to Rice Street. Once this project is built the new roadway will connect travelers from Arrowhead Parkway to Interstate 90.

“Providing a safe, efficient and reliable infrastructure for the citizens and travelers of South Dakota is our number one priority, says Bergquist. “I look forward to the partnership with the city of Sioux Falls to deliver a muchneeded roadway to accommodate the economic and quality of life needs for that area of the state.”

New Municipal Tax Changes Effective July 1, 2018

Beginning July 1, 2018, three South Dakota communities will implement new municipal taxes or update their current municipal tax rate.

The municipal tax changes taking effect include: •

•

Rosholt, S.D., increasing its 1 percent general sales and use tax rate to 2 percent. Roslyn, S.D., increasing its 2 percent general sales and use tax rate to 3 percent. Hermosa, S.D., imposing a 1 percent municipal gross receipts tax rate on lodging, eating establishments, alcoholic beverages, and ticket sales or admissions to places of amusement, athletic and cultural events. This tax is in addition to its 2 percent general sales and use tax rate.

South Dakota municipalities are able to implement new tax rates or change existing tax rates on either Jan. 1 or July 1 each year.

The South Dakota Department of Revenue has Municipal Tax Information Bulletins available listing all municipal sales and use tax rates statewide, along with information on tribal sales, use, and excise taxes.

Updated bulletins are free of charge and available after July 1, 2018. To obtain a Municipal Tax Information Bulletin, download it on the Department of Revenue website at http://dor.sd.gov/Taxes/Business_Taxes/Publications/Municipal_ Tax.aspx or contact the Department of Revenue at 1-800-8299188.

Pool Testing

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.

MAY 2017 JULY 2018

How to Find Summer Food Sites for Kids in Your Community

Organizations across South Dakota are serving free meals to the state’s youth this summer as a part of the Summer Food Service Program and Seamless Summer Option. Children age 18 and younger may receive a meal free of charge at participating sites, which include organizations such as nonprofits, schools, libraries and local governments.

Families have a variety of ways to access the most current information on free feeding locations and the dates and times of meal service throughout the summer. The USDA Summer Meal Site Finder tool is at http://www.fns.usda.gov/summerfoodrocks. This free, web-based application allows users to easily locate summer food sites throughout South Dakota and across the country. The information is also available by texting “Food” or “Comida” (Spanish) to 877-877 or by texting "Summer Meals" or “Verano” (Spanish) to 97779. Individuals may also find sites by calling 1-866-3HUNGRY (1-866-348-6479), or 1-877-8-HAMBRE (Spanish) (1-877-842-6273). Feeding sites will be added to the Summer Meal Site Finder regularly; so, it is important to check back periodically.

The Summer Food Service Program and Seamless Summer Option are federally funded through the U.S. Department of Agriculture and administered by the South Dakota Department of Education. This agency is an equal opportunity provider. More information on the summer programs is available at http://www.doe.sd.gov/cans/.

USDA Nondiscrimination Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at 800-877-8339. Additionally, program information may be made available 22

in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866-632-9992. Submit your completed form or letter to USDA by: (1)

(2) (3)

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Energize! Exploring Innovative Rural Communities Conference

More than 100 rural community leaders from across South Dakota came together to participate in Energize! Exploring Innovative Rural Communities Conference in downtown De Smet. This event was hosted by the SDSU Extension Community Vitality Team and the Community of De Smet in May.

conference sessions were held in main street businesses. First tried by Michigan State University with success, the University of Nebraska Extension duplicated the innovative idea in McCook. Now SDSU Extension has reproduced the idea in De Smet.

The event was held in downtown De Smet businesses. Shop owners and managers shared their entrepreneurial journeys, while speakers and presenters shared their experiences & knowledge on a variety of topics: Funding for Community Projects, Entrepreneurial Experiences, Agritourism and Value Added Agriculture, and Engaging Community Members.

There were also resource providers who were available to discuss tools to assist communities and entrepreneurs alike. The following were represented: South Dakota Community Foundation, Lake Area Tech, SD Department of Tourism, Dakota Resources, SD Small Business Development, SD Rural Life and Census Data Center, SD Planning Districts, East River Electric and SDSU Extension Community Vitality.

Keynote Speaker Sarah Calhoun, owner of Red Ants Pants shares her story during the conference. Calhoun is the Executive Director of the Red Ants Pants Foundation and the Red Ants Pants Music Festival.

The idea for creating and hosting the Energize! Exploring Innovative Rural Communities Conference came when members of the SDSU Community Vitality Team spent two days in April of 2017 attending a “Connecting Entrepreneurial Communities” Conference in McCook, Nebraska. That conference, hosted by University of Nebraska Extension, offered an interesting venue twist: JULY 2018

“The combination was powerful, with all groups learning from each other,” said Paul Thares, SDSU Extension Community Vitality Field Specialist and one of the event coordinators.

To learn more about how the SDSU Extension Community Vitality works to strengthen South Dakotans and their communities, contact Kenny Sherin at SDSU Extension Community Vitality Program Director at kenneth.sherin@sdstate.edu. The team plans to host a similar event in 2019. 23

2018 State of the Cities Report from NLC: Economic Growth, Infrastructure Top Issues for American Mayors

The National League of Cities (NLC) released its 2018 State of the Cities report to city leaders and policy experts. The report shows that economic development, infrastructure, budgets, housing and public safety continue to top the list of agenda priorities for U.S. mayors, as well as revealing that opioids, broadband access and climate change have emerged as new and growing concerns.

Now in its fifth year, NLC’s annual report analyzes key issues and trends in the state of the city (SOTC) speeches mayors deliver each year to outline their top priorities. This year’s report examined 160 mayoral speeches delivered between January and April 2018 and includes cities across population sizes and geographic regions.

1. Economic development 58% 2. Infrastructure 56% 3. Budgets and Management 49% 4. Housing 39% 5. Public Safety 36%

Top 10 SOTC Issues in 2018

6. Health and Human Services 34% 7. Education 28% 8. Energy and the Environment 25% 9. Government Data and Technology 14% 10. Demographics 12%

While the major topics in SOTC speeches have remained relatively consistent for the past five years, subtopics in this year’s report revealed several new trends. Mounting concern over broadband access was expressed in 14 percent of SOTC addresses, and 11 of mayors highlighted the need for cities to address the opioid epidemic. . 24

SOUTH DAKOTA MUNICIPALITIES

TOP ISSUES OVER THE LAST FOUR YEARS (number in parentheses indicates previous year’s rank)

“Large and small, urban and rural, cities across the country are confronted with growing range of complex issues,” said Clarence E. Anthony, NLC’s CEO and executive director. “From ongoing concerns about failing infrastructure and lack of affordable housing, to emerging challenges like the opioid epidemic and climate change, America’s cities are taking the lead to find creative solutions to local government’s most pressing problems.”

Many mayors expressed their climate concerns in their SOTC addresses, especially related to rising sea levels. While climate change is not strictly a local issue, its effects are felt in the cities everywhere and mayors are having to face the problem in real time - with little or no support from federal partners. “I’m also committed to leadership at the local level in the area of climate change, which is absent at the federal level. We need to reduce greenhouse gas emissions, and I’ve committed to the U.S. Climate Mayor’s Pledge to achieve this by developing a climate action plan for Buffalo,” said Mayor Byron Brown, Buffalo, New York.

Strained partnerships with state and federal governments was another theme of many SOTC addresses this year. As a subtopic within budgets and management, intergovernmental relations increased to the number three issue for mayors in 2018 due to concerns over broad policy conflicts between state, federal, and local government, as well as specific concerns on tax and revenue tensions.

“With many state and federal partners stuck in political gridlock or actively disinvesting in cities, mayors consistently demonstrate the capacity and willingness to solve complex problems that are shaped by local realities and have broad national implications,” said Brooks Rainwater, director of City Solutions and Applied Research at NLC, and an author of the report.

The National League of Cities (NLC) is dedicated to helping city leaders build better communities. NLC is a resource and advocate for 19,000 cities, towns and villages, representing more than 218 million Americans. www.nlc.org.

MAY 2017 JULY 2018

Effective Budgeting of Salary and Wages

GFOA Best Practices

Given the funding constraints governments are facing, accurate expenditure projections are more important than ever. Since salaries make up the greatest portion of the expenditure budget, it is logical to apply forecasting techniques that can provide a true picture of where payroll dollars are headed. Another consequence of slowing revenues is the need for greater control over expenditures. Governments can use various mechanisms to manage headcount levels in light of cost constraints.

Recommendation: GFOA encourages every government to consider forecasting procedures that would result in more accurate expenditure projections, especially as they relate to personnel. The items shown below provide governments with the areas in which they should consider adopting practices to more effectively budget salary and wages. Additionally, in order to analyze total compensation, benefits need to be considered.

Personnel Tracking System. Budget payroll projections are based on the estimate of budgeted positions for the year, so providing the correct number of budgeted positions is important. The system to track budgeted positions may reside in the human resources department rather than the budget department, so it is vital that the departments work together to be consistent in reporting. The system should be able to track all types of employees, not just full-time.

Vacancy Adjustments. Not all positions will be filled 52 weeks per year, so expected vacancies need to be addressed in the salary budget. In doing so, however, governments should consider developing policies on how to treat these vacancies. If the government fully funds salaries associated with vacancies, it is building some potential cushion into the budget. Items to consider: • Start Dates. Expected start dates for open positions may vary. Keeping track of those assumptions is important because a large dollar variance may result when an actual start date differs from the budgeted date.

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Trends. Since most governments experience some vacancies during the year, it may be prudent to include a hiring lag in the budget. One way to determine the dollar impact of this lag is to review trends (average filled positions per year versus average vacant positions). This analysis can be conducted at the department level or broken out by individual position. In forecasting open positions, organizations should keep in mind that technical or higher level positions are usually harder to fill. Frozen or Eliminated Positions. Many open positions are intentionally being left vacant. While some of these positions may be eliminated before the start of the fiscal year, other positions may be temporarily frozen once the fiscal year begins. The dollars saved by not filling these positions should be quantified. If the positions being eliminated are currently filled, then the government might also need to include severance payouts in the budget. Governments are also using furloughs as a means to reduce expenditures. Those cost savings should be identified as well. Funded Versus Unfunded Positions. Not every position that is requested gets approved. Approved, or funded, position along with the money to pay for them are included in the budget. Unfunded positions, or those that were requested but not approved, should be noted, especially if management decides at some point to reconsider some of those denied position requests. Departments often include new positions in their budget requests, typically in the departmental request stage. In detailing new positions in the final budget presentation, it is useful to categorize them as funded or unfunded. This way, budget decision makers can clearly identify those unfilled positions that do not have budget dollars available. The budgetary implications of not funding those positions could also be shown. Attrition (Planned Retirements). Budget consideration should be given for those positions where employees have indicated specific retirement dates. Payouts need to be budgeted. Also, if governments use retirement incentives, the potential loss in quality of service should be considered.

Collective Bargaining Units. When the personnel budget is being developed, the positions that are covered under collective bargaining should be noted. The group name and representation should be identified, along with the beginning and end date of the contract. Also, the government should use consistent terminology when referring to union and non-union payroll items. JULY 2018

•

Contract Settlements. Be aware of key dates in contract provisions. It may be prudent to set aside reserves for contact settlements, especially if the new terms are expected to be less favorable than those in the existing contracts. Other Considerations. Some union agreements include items such as overtime, holiday premiums, shift differentials, uniform allowances, and license/certification pay. These should also be accounted for in the budget, as failure to do so could lead to significant cost overruns.

Impact of Inflation. Inflation can have a significant impact on payroll forecasting. Cost-of-living adjustments often are used when forecasting personnel costs. The Consumer Price Index (CPI), a broad measure of consumer inflation, is the cost-of-living index used most often for determining salary increases. The U.S. Bureau of Labor Statistics Employment Cost Index might be a better index for this purpose, as it measures the change in the cost of labor, free from the influence of employment shifts among occupations and industries. Optimal Staffing Level. One of the biggest challenges a

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government will face is determining the optimal level of staff needed to meet the organizations goals and objectives. • Comparison to Other Governments. Some governments use a population-to-employee ratio to indicate proper staffing levels. Jurisdictions can compare themselves with surrounding communities and even specific departments, although the effects of privatization can skew such a comparison. • Staffing Guidelines. The organization might have specific policy guidelines that serve as a basis for determining hiring levels. For example, some school districts set up support staffing sheets to specify what personnel can be hired. Hiring levels might be based on such factors as the number of schools in a district, the size of an individual school in square feet, or a school’s enrollment. • Classifying Positions by Goal. Hiring decisions should be made to fulfill strategic initiatives, based on clear goals and specific action plans that have been established to help accomplish those goals. Most governments budget personnel by department. A number of governments have

•

• •

moved beyond this traditional approach, however, and started to classify positions in other ways. Use of Volunteers. It is becoming increasingly common to encourage the use of volunteers in certain programs and services. Fire department staffing provides a classic example of volunteer usage. Seasonal and Temporary Positions. Some divisions or jurisdictions use part-time or seasonal employees. Park districts, for example, often adjust staffing levels by season. Other Considerations. Some governments make more use of overtime as an option instead of hiring full-time workers. The use of retired employees for contractual services is another alternative to adding headcount.

Compensation Approaches. When analyzing budgeted position compensation, the following items should be considered: • Step and Grade Systems. Many governments use a salary range or grade structure for budgeting individual positions. Others, however, have begun to transition away from longevity-

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•

based systems in favor of pay for performance systems. Pay for Performance. Pay for performance is intended to foster workplace productivity. The anticipated impact comes from the ability to reward performance and thereby attract and retain quality employees. A onetime bonus is an option to reward productivity and is sometimes used in lieu of a pay increase. Pay for performance faces a number of challenges, including the cost of monitoring employee performance and the design of a useful appraisal system. Wage Surveys. Monitoring the average wage increases in other jurisdictions can help a government determine the appropriate level and validity of salary range or grade structures for its own annual salary increases. This information can be obtained by subscribing to government- or industry-specific journals, engaging a consultant, reviewing peer government budget documents, or contacting other governments directly to ask questions.

Personnel

Categorization.

A traditional

way

approaching the personnel budget is the view that each position directly affects the operating budget. This may not always be true, however. • Capital versus Operating Classification. Consideration should be given to the percentage of time that an individual may be working on capital versus operating projects. • Cost Allocation. A similar approach to moving personnel expenses out of the operating budget is the use of a well-developed cost allocation plan. Such a plan allows the government to shift costs to specific activities. • Funding Sources. If a new position is created based on an outside funding source, care should be taken to ensure that the source is not a onetime occurrence. • Privatization or Shared Services. To save money or improve services, many governments have turned to the private sector or to other governments as alternatives to in-house service delivery or staffing. The services most often provided collaboratively include health and human services, transit systems, airports, sewage collection, disposal of hazardous wastes, libraries, tax assessing, and title records.

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Top Five Best Practices When Investigating a Claim of Sexual Harassment

By: Ruth Horvatich, McGrath North

With sexual harassment dominating the headlines, an increase in harassment complaints in the workplace will likely follow. Employer investigations of harassment complaints should not be overlooked and are vital when providing a defense to harassment claims filed against an employer. The following are five best practices to keep in mind when investigating claims of harassment: 1. Investigate promptly. “Prompt” is the buzz word used by the Equal Employment Opportunity Commission (EEOC) and federal courts relating to the timing of an investigation into an allegation of harassment. Whether an investigation is considered “prompt” will depend on the specific allegations of the harassment complaint. Serious allegations may require immediate action while other situations may call for scheduling a time in the near future to gather more details from the victim in order to launch the investigation. In any event, fast action sends the message to employees that the employer takes these issues seriously and will send that same

message to the EEOC or a court. Remember that complaints may be formal or informal and all complaints, regardless of how they are learned, should be considered serious and treated with respect.

2. Choose an effective investigator. The individual or individuals that conduct the investigation should be independent of both the complainant and the accused. For instance, the accused should not have supervisory authority over the investigator. The investigator should be trained on how to conduct interviews and evaluate credibility. The investigator should also be fair, impartial, and credible. An important question to ask when selecting an investigator is how the investigator would appear as a witness before a jury when representing the employer. In certain situations, an attorney may be a good choice for an investigator. It is important to remember, however, that if an employer hires an attorney to conduct the investigation, the attorney-client privilege could be waived if the employer seeks to introduce evidence at trial of the investigation,

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which could also lead to disqualification of the attorney from representing the employer in any lawsuit relating to the allegation of harassment.

3. Maintain confidentiality to the extent possible. Due to the sensitivity of complaints of harassment, ensuring confidentiality to employees facilitates the investigation because it helps employees feel comfortable making such complaints and in providing accurate and thorough facts about the complaint. Confidentiality, however, may not necessarily be absolute. The National Labor Relations Board (NLRB) has weighed in on confidentiality requirements for both union and nonunion employers relating to workplace investigations. The NLRB has found that it is proper to require employees to maintain the confidentiality of an investigation only if the employer can demonstrate that (a) witnesses need protection; (b) evidence is in danger of being destroyed; (c) testimony is in danger of being fabricated; or (d) there is a need to prevent a cover-up. This is the current stance of the NLRB, for now. It is notable that the current NLRB General Counsel Peter Robb issued a memo signaling that his office may

be seeking to change the NLRB’s confidentiality standards with respect to workplace investigations. For this to happen, the right case must be presented to the NLRB. For now, employers should be mindful of the NLRB’s current requirements for maintaining confidentiality.

4. Come to a conclusion and take appropriate action. After interviews are conducted, evidence collection is completed, and credibility issues resolved, a decision should be made relating to the complaint of harassment. The investigator should present the evidence and findings for review and management should make the final determination of any employment actions that are warranted, based upon the investigator’s report. To further maintain that the investigation is “prompt”, the investigation should be officially closed, and the complainant advised that it is over. If inappropriate conduct or harassment is determined, the complainant should be advised that appropriate corrective action has or will be taken. When necessary, employers must take corrective action that is appropriate to the situation, which may include training, discipline,

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or even termination. Courts typically defer to employers relating to what action is appropriate given the conclusions of the investigation. Importantly, the action should stop any inappropriate conduct and, should other issues be reported, more severe action may be warranted.

5. Be mindful of documentation. Finally, throughout an investigation, documentation should carefully be maintained. It is important to keep in mind that any documentation relating to the investigation will likely be used as an exhibit, should formal legal action be taken relating to the complaint. Be careful not to express bias or opinions in interview notes. All investigation materials should be retained. Finally, remember to properly document the conclusion. Even if the investigation was inconclusive, this should be documented. The goal of documentation is to ensure that if a judge, jury, or government agency were to review it, they would conclude that the employer took the situation seriously, responded promptly and appropriately, and had a good-faith basis for the result of the investigation and actions taken, if any.

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Harassment Policy Checklist Counting

By: Aaron Clark, McGrath North

An employer’s first line of defense to address harassment in the workplace is to adopt an anti-discrimination and anti-harassment policy and procedure. Having an “effective” policy can provide an affirmative defense to harassment claims lodged against the employer. However, if your company’s policy does not include essential terms, you run the risk that the policy will be rejected by the Equal Employment Opportunity Commission (EEOC) or the courts.

The EEOC recommends that every employer should have an anti-harassment policy that is written in a clear, easy-tounderstand format. Your policy should be provided to employees when they are hired and during training. In addition, the policy should be translated into all languages commonly used by employees. It should also be included in the employee handbook and be accessible on the company’s intranet site.

Here is a checklist of the ten components that should be contained in your policy to make it “effective” according to EEOC standards: P A clear statement that discrimination and/or harassment based on any legally protected characteristic is prohibited and will not be tolerated. Your policy should clearly identify the protected groups (e.g., age, gender, sex, race, color, religion, national origin, disability, genetic information, status as a covered veteran, and any other legally protected status under state law). Your policy should confirm that discrimination and harassment in the workplace are prohibited and will not be tolerated. P A clear explanation of the prohibited conduct. Your policy should state that it applies to recruitment, hiring, training, promotion, compensation and benefits, discipline, terminations and other employment decisions. Furthermore, your policy should identify when certain acts or conduct will constitute prohibited

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sexual harassment in the workplace, and reference the prohibited acts (e.g., sexual propositions, sexual innuendo, jokes, obscene language or gestures, physical conduct, etc.). A clearly described complaint process that provides reasonable avenues to complain about discrimination and/or harassment. We recommend that an employer should identify a specific position and phone number to contact for making reports of discrimination and harassment in the workplace. Multiple avenues should be available in the event a supervisor is the one being accused of harassment. A statement encouraging employees to report conduct that they believe may constitute unlawful harassment (or, if left unchecked, may rise to the level of unlawful harassment) even if they are not sure the conduct violates the policy. A “belief” that an individual has been subjected to or witnessed harassment should be enough under your policy to trigger the complaint process. An assurance that complaints will be addressed with a prompt, thorough and impartial investigation. It goes without saying that any reports of discrimination should be addressed in quick order to protect the victim and to help avoid further liability exposure. An assurance that the Company will protect confidentiality of complaints to the extent possible. Confidentiality is designed to ensure that employees feel comfortable reporting issues of harassment and discrimination and further promotes the integrity of the investigation. Confidentiality requirements must comply with the National Labor Relations Act (NLRA) which recognizes an employee’s right to engage in protected concerted activities. The National Labor Relations Board (NLRB) has concluded that confidentiality can only be enforced if necessary to protect witnesses, prevent evidence from being destroyed, prevent testimony from being fabricated or to prevent a cover-up. Employers can enforce confidentiality with respect to questions asked of employees during interviews as well as the scope of the Company’s investigation. A statement that the identity of individuals who report harassment and alleged victims, witnesses and alleged harassers will be kept confidential to the extent consistent with providing a thorough and impartial

MAY 2017 JULY 2018

investigation. Again, employees should be assured that the Company will maintain confidentiality with respect to those involved in the investigation to the extent possible. P A statement encouraging employees to respond to questions and otherwise participate in investigations regarding discrimination and harassment. The policy should encourage employees to participate in the investigation and respond to questions that are asked. P An assurance that the organization will take immediate and appropriate corrective action if it determines that discrimination or harassment has occurred. It is imperative for the employer to move quickly to resolve any issues relating to discrimination and harassment in the workplace. P An assurance that employees who make complaints or provide information relating to a complaint are protected against retaliation. An anti-retaliation provision is essential to any policy. The policy must prohibit retaliation - not only against those who make complaints, but also against those who participate in the investigation.

By Chris Hill, SDMEA Director of Municipal Electric Services

CELEBRATING TODD CHAMBERS AND HIS MANY YEARS OF MUNICIPAL SERVICE

interview for my current position. Todd’s knowledge of utilities was easy to pick up on, even from the first time we met. Todd’s guidance and expertise in the electric industry will be hard to replace. Todd has served on the SDMEA board for 27 years, 13 of which he has served as the SDMEA President. He has always been there for me when I needed help with anything and his responses covered more than what I was asking, which helped me learn more about the industry. By the time this article is published in the magazine (assuming anyone reads this article), Todd will already be retired and probably golfing. I am hoping that he doesn’t read this and pick up on how sad I really am to not see him during our meetings anymore. Enough about how heartbroken Bill and I are. Let’s move on to the man of the hour!

When Todd Chambers told the board that he was retiring at the end of June, I saw looks of what appeared to be rage, jealousy, and sadness, all from board trustee Bill Lewellen. Bill and Todd have been friends for years and I have heard many stories of their golf and hunting outings. I don’t have those memories with Todd, but I am just as sad to see him go.

Todd is the current President of the SDMEA. He and former Vice President Paul Melby, along with SDML Executive Director Yvonne Taylor, were in on my 36

Todd Chambers graduated from South Dakota State University in 1986 with a degree in Electrical Engineering. He began his career for the City of Pierre as an Electrical Engineer and eventually progressed to their Operations Director. During his time in Pierre he was also an Electrical Engineering Consultant for the City of Fort Pierre. While in Pierre, the City looped their 115,000-volt transmission system to enhance reliability and completed 100% underground distribution. As Operations Director, he also oversaw the Water/Wastewater, street, and meter reading departments. Todd was in Pierre from 1986 through 2008, when he decided to make a change and took the position of Director of Operations for Watertown Municipal Utilities. As the Director of Operations in Watertown, he oversaw the operations of Electric, Gas, Water and Engineering Technician departments. During his time at WMU, they completed drive-by AMR, they are now 50/50 underground with feeders remaining overhead, SOUTH DAKOTA MUNICIPALITIES

and they are converting the system to all 12470/7200. Watertown recently expanded the water plant and has developed a well field north of town and added 9 new wells to the existing 22. They have also added on to the plant and have made an addition to treat the water using MIEX, Magnetic Ion Exchange, during summer peak. They have also taken their Propane Peaking Plant offline due to one of their TWO suppliers being able to supply enough to dismantle the plant. Todd also mentioned that they have added a high-pressure line that leads to the east side of town to help with the new developments.

Mr. Chambers has helped many organizations by serving as a Board member, Chairman, and President. Todd is the last original Board member on the South Dakota One Call Board which he became part of in 1993 and also served as Chairman for that same board. As mentioned before, Todd is the current President for the South Dakota Municipal Electric Association. Todd was ALSO the past President and Board member of both the South Dakota Electric Council and the Joint Utility Training School.

MAY 2017 JULY 2018

Todd has been a great leader and mentor. If you see him around, make sure to congratulate him on his retirement. Visit with Todd for a while and you will see what makes this SDMEA President great! Questions? Comments? Email me at Chris@sdmunicipalleague.org Or Call Chris: 605-7706299

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SOUTH DAKOTA MUNICIPALITIES

Risk-Sharing ***REMINDER*** BULLETIN TO MEMBER VOLUNTEER FIRE DEPARTMENTS and ENTITIES WITH FIRE DEPARTMENTS Regarding “Out of State” Wildland Fires

It’s that time of year when wildland fires are common throughout the western United States. This is a reminder of an update to a bulletin that we issued ten years ago to educate fire departments on changes relating to workers’ compensation coverage for South Dakota fire departments that are dispatched due to a Federal or Interstate Compact request for assistance with “Out of State” wildland fires. Because we have several new fire departments that have joined the SDML Workers’ Compensation Fund since this bulletin was first disseminated, we want to take this opportunity to help your fire department understand how workers’ compensation coverage is handled for these “Out of State” wildland fire suppression requests.

firefighters is $16.46 per $100 of payroll (compensation). The additional contribution for the “Out of State” wildland fire work comp coverage will be calculated and charged at the completion of the 2018 payroll audit. For example, if your fire department earns $10,000 for responding to “Out of State” wildland fires during 2018, the additional cost for workers’ compensation coverage will be $1,646 and an invoice for this additional contribution will be mailed during the first quarter of 2019. Remember, this only applies to “Out of State” wildland fire requests.

“In State” wildland fires remain the same as always. The State of South Dakota provides the workers’ compensation coverage for South Dakota firefighters who are dispatched to an “In State” wildland fire pursuant to SDCL 62-1-5.2.

We suggest that if you and your fire department will be participating with the Federal or Interstate Compact request, that it be authorized within your Council/Commission/District meeting minutes. If you have any questions, please don’t hesitate to contact our office. Brad Wilson, CIC, AIC, SDWCS Insurance Benefits, Inc - Administrator 4901 S. Isabel Place, Suite 110, Sioux Falls, SD 57018 Telephone 800-233-9073 – Fax 605-275-6193 – Email: brad@sdmlwcfund.com

Workers’ Compensation coverage is not provided to South Dakota firefighters by the State of South Dakota, Federal Agencies or member agencies of the Great Plains Interstate Forest Fire Compact when they are dispatched to an “Out of State” wildland fire. In addition, the fire suppression agreement requires a Certificate of Work Comp Coverage that includes coverage outside of the State of South Dakota.

The SDML Workers’ Compensation Fund will provide workers’ compensation coverage to your firefighters that are certified to work these “Out of State” wildland fires should you and your fire department choose to be available for dispatch to an Interstate Compact or Federal request. We will also provide the required Work Comp Certificate of Coverage.

If you decide to respond to an Interstate Compact or Federal request, you must notify the SDML Workers’ Compensation Fund Administrator when the fire department is dispatched. The payment that the fire department receives for their firefighters is compensation (payroll) as a paid wildland firefighter. The amount of compensation will be included on your payroll audit at the end of the year as Class Code 7705: Wildland Fires – Out of State. The 2018 rate for “Out of State” wildland

MAY 2017 JULY 2018

Washington Report: By Senator John Thune

I can’t think of another period of time while I’ve served in Congress when we’ve been able to put so many points on the scoreboard for the American people. Over the last year and a half alone, despite the historic levels of obstruction we’ve faced from my Democrat colleagues in the Senate, Republicans have achieved numerous legislative accomplishments that will have a positive and lasting effect on the country for generations to come. From tax reform to regulatory reform to reshaping the judiciary, the Republican-led Congress has made the American people’s priorities its priorities.

On tax reform – promise made, promise delivered. In just the handful of months since the Tax Cuts and Jobs Act became law, more than 1 million jobs have been created. It’s an important milestone that fulfills a promise Republicans made to the American people when we debated the bill in Congress, and it’s welcome news for American workers.

SNYDER-ASSOCIATES .COM

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PUBLIC SPACES

Big Wins for the American People

More than 500 companies, including several here in South Dakota, have already passed tax savings on to their customers and employees in the form of pay raises, bonuses, and utility rate reductions. Today, the unemployment rate matches a near five-decade low, and for the first time ever, there are more job openings than there are job seekers in the United States. We’re still in the early stages of this new law, though, and while there’s plenty of good news to share, there’s more yet to come.

The Republican-led Congress devoted a significant amount of time to rolling back burdensome Obama-era regulations that were hamstringing growth and opportunity. We used a congressional oversight process that, up until last year, had only been successfully used one time in history. That process, the Congressional Review Act, gives Congress the ability to undo regulations that were implemented by the executive branch. We didn’t use it just once, twice, or even 10 times. We used it a recordsetting 16 times. As a result, we provided much-needed relief to businesses and consumers across the country.

While Senate Democrats have done everything they can to delay and obstruct the president’s nominees to the executive and judicial branches, we’ve continued to plow ahead, threatening to keep the Senate in session around the clock or over the weekend, if that’s what it takes. Despite the obstruction, in 2017, the Senate set a record for confirming circuit court judges. Today, one-in-eight of all circuit court judges in the United States have been nominated by President Trump and confirmed by this Senate.

We also confirmed U.S. Supreme Court Justice Neil Gorsuch, passed multiple bills to help our veterans, strengthened our military with the greatest investment in 15 years (plus the largest troop pay increase in nearly a decade), combatted opioid abuse, enacted the longest State Children’s Health Insurance Program extension in history, fought sex traffickers, and repealed Obamacare’s individual mandate – the cornerstone of the failed health care law – just to name a few. We’ve accomplished a lot of big things over the last 18 months, but there’s more work to do, including getting a pro-farmer, pro-agriculture farm bill to the president as soon as possible. I look forward to delivering more positive results like these for South Dakotans and the American people in 2018 and beyond. SOUTH DAKOTA MUNICIPALITIES

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AUGUST 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 June 3 - August 11 50th Annual Red Cloud Indian Art Show Pine Ridge

July 2 - August 1 The Phantom of The Matthews Opera House Spearfish August 2 Downtown at Sundown Brookings

Summer Porch at Strawbale Winery Renner Main Street Square Concert Series Rapid City August 3 - 5 Annual Sioux River Folk Festival Canton Oglala Lakota Nation Wacipi Rodeo Fair Pine Ridge

August 3 - 12 Sturgis Motorcycle Rally 2017 Sturgis

Sioux Empire Fair Sioux Falls

August 3 - 19 “The Game’s Afoot” Custer

August 3 Downtown Friday Nights Spearfish August 4 BBQ Pit Row Winner

Outdoor University Sioux Falls

Annual Foothills Classic Car & Tractor Show Wessington Springs

August 4 - 5 Riverside Park Days Flandreau

August 5 Glacial Lake 4-H Rodeo Sisseton

Prairie Village Annual Madison Car Show Madison

Strawbale Winery Sangria Sundays Renner August 8 Mount Rushmore Rodeo at Palmer Gulch Hill City

August 9 Midco Free Day Watertown

Downtown at Sundown Brookings

Summer Porch at Strawbale Winery Renner Main Street Square Concert Series Rapid City

August 10 Downtown Friday Nights: Dr. Ridley Spearfish

August 11 - 12 Annual Twin Brooks Threshing Show Twin Brooks August 11 Wing & Brew Festival Brookings

August 12 Strawbale Winery Sangria Sundays Renner August 13 - 16 Turner County Fair Parker

August 13 - 19 Brown County Fair Aberdeen

August 16 Downtown at Sundown Brookings Summer Porch at Strawbale Winery

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 n properly.

IT’S WHAT T WE DO.

1111 N. LAKE AVENUE SIOUX FALLS, SD

20 S. MAPLE E WATERTOWN, SD D

605-271-5527 605-8 78-2120 0 InfrastructureDG.com m

STRUCTURAL ENGINEERING / MUNICIP PAL AL ENGINEERING / TRANSPOR T TATION ENGINEERING & PLANNING / W WA ATER RESOURCES SITE DEVELOPMENT / CONSTRUCTION OBSERVA ATION T TION / PARKS & RECREATION T / LAND SURVEYING SURVEYING

SOUTH DAKOTA MUNICIPALITIES

Renner 1880 Train Old West Shootout Hill City

1880 Train’s Rails & Ales Hill City

Sugarland Sioux Falls

Black Hills Opry with Aces & Eights Lead

Mount Rushmore Rodeo at Palmer Gulch Hill City

Main Street Square Concert Series Rapid City August 17 - 19 White River Frontier Days Rodeo White River

August 19 Leading Ladies Marathon Spearfish

Yankton River Boat Days Yankton

August 21 - 23 Dakotafest Mitchell

Black Hills Steam & Gas Threshing Bee Sturgis Summer Arts Festival Yankton

August 17 - 18 Lean Horse 100 Ultra Marathon Custer

August 22 - 26 Corn Palace Festival Mitchell

August 28 - September 2 Sturgis Mustang Rally Sturgis

August 23 Downtown at Sundown Brookings

Summer Porch at Strawbale Winery Renner

August 18 Wildcat Classic Mountain Bike Race Hot Springs

Main Street Square Concert Series Rapid City

Animal Enrichment Day Sioux Falls

August 25 - 31 Bicycle Tour of the Black Hills Rapid City

Strawbale Winery Sangria Sundays Renner

Hugh Glass Rendezvous Lemmon

August 18 - 19 30th Annual Rosholt Threshing Bee Rosholt

August 25 - 26 Fall River Hot Air Balloon Festival Hot Springs

August 25 Sizzlin’ Summer Nights Car & Motorcycle Show Aberdeen

August 23 - 26 Kool Deadwood Nights Deadwood

August 17 Downtown Friday Nights Spearfish

August 24 Downtown Friday Nights: Spearfish

August 26 Strawbale Winery Sangria Sundays Renner

August 30 - September 3 South Dakota State Fair Huron

August 30 Summer Porch at Strawbale Winery Renner Main Street Square Concert Series Rapid City August 31 Downtown Friday Nights Spearfish

For more details visit www.travelsouthdakota.com.

SOUTH DAKOTA BASIC CODE

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

• • MAY 2017 JULY 2018

A comprehensive index and a title devoted to your unique local ordinances Published by American Legal and the South Dakota Municipal League For more information call or e-mail deRicci Getty at 1-800-445-5588 or dgetty@amlegal.com 43

American Council of Engineering Companies of South Dakota Members Engineering for a better South Dakota since 1956 VISIT US! www.acecsd.org

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 July 13 for the August 2018 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-2248655. Visit www.sdmunicipalleague.org for more classifieds.

CHIEF OF POLICE: The City of Yankton is now seeking a proven leader to serve as its Police Chief. The desired candidate will be an enthusiastic and committed professional, have a passion for community-oriented policing, and an outstanding ability to work with and develop teams. A bachelor’s degree in criminal justice or related field and seven years of experience including five years of supervisory experience or a master’s degree in criminal justice or a related field is desirable. Experience in local government and law enforcement may substitute for education. The annual salary range is $77,760 to $98,444. Placement in this range is dependent on qualifications and experience of the individual selected. The successful

candidate must reside within the City corporate limits. As an equal opportunity employer, the City of Yankton welcomes and encourages all to apply. Applications can be found online at http://cityofyankton.org/employment and must be accompanied by a cover letter, resume, and three personal reference. Applications can be submitted online or emailed Sue Hanson, Human Resources at to shanson@cityofyankton.org. Position open until filled, with the first review of applications beginning August 15, 2018.

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 the City Council. Compensation depends on experience. Excellent benefits package. Bachelor’s degree from a fouryear 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 assisting the other city departments in maintaining and improving the City’s buildings and infrastructure. A full description, application form and benefits listing are located at our website at

SOUTH DAKOTA MUNICIPALITIES

www.bellefourche.org or at Belle Fourche City Hall, 511 6th Avenue, Belle Fourche, SD 57717. Applications accepted until position 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 vision 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.

FINANCE OFFICER: Gettysburg, SD - The City of Gettysburg is taking applications for a Finance Officer. This position works under the direct supervision of the Council and is responsible for performing duties required by statute and City ordinance. Duties will include, but are not limited to: preparing annual departmental budget, attend all meetings of the governing body and prepare minutes of the meetings, coordinate the budgeting process

MAY 2017 JULY 2018

for the City Annual Budget including preliminary budget, budget hearings and final budget presentation, responsible for investment and management of all City funds in accordance with State Law, recording the legal publications and responsible for the supervision and maintenance of the City accounting system. Qualifications include: degree in accounting, financial management, administration or equivalent experience. For job description and application, contact the City Finance Office, 109 Commercial, PO Box 132, Gettysburg, SD or 605-765-2733 or download an application at www.cityofgettysburgsd.com. EOE.

GAS SUPERINTENDENT: Watertown, SD - Watertown Municipal Utilities is seeking an individual to serve as Gas Superintendent. This position oversees the daily operation of managing the construction, maintenance and repairs to the city natural gas system, as well as gas purchases and hedging for future contracts. Considerable knowledge and experience in construction, maintenance and repairs of gas distribution systems and service lines required. Salary commensurate with experience and qualifications. Excellent benefits package, including SDRS pension, health, dental, vision and life insurance, 457 plan, paid sick leave and vacation. A completed application and resume, including

salary history, references and cover letter, are required. Job description and application are available at www.watertownmu.com. Watertown Municipal Utilities, Attn Human Resources, 901 4th Ave SW, Watertown, SD 57201. 605-882-6233 or hr@watertownmu.com. Deadline to apply is July 31, 2018. EOE.

UTILITY OPERATOR: Lennox, SD - The City of Lennox is seeking an individual to do a variety of jobs for the City of Lennox Public Works Department. Operating a variety of equipment, including heavy equipment; manual labor as needed; install and maintain water meters, pumps, pipelines, water and sewer mains as necessary; maintenance, cleaning of streets and other related duties. Must have valid driver’s license, including CDL or able to obtain. Water/Wastewater Certifications required within one year of hire. Benefit package includes vacation, sick leave, paid holidays, health/dental/life insurance, AFLAC and retirement. Wage depends on experience. Position open until filled. Application and job description are available at the Finance Office, 107 S Main St, Lennox, SD 57039 and on the City’s website at www.cityoflennoxsd.com. Applications can be sent to PO Box 228, Lennox, SD 57039. The City of Lennox is an equal opportunity employer.

SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S 1 8 15 22 29

M 2 9 16 23

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

5 12 19 26

6 13 20 27

August 2017 T W T 1 2 7 8 9 14 15 16 21 22 23 28 29 30

F 3 10 17 24 31

S 4 11 18 25

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 33-1511.1; 33-15-11.2; See Hdbk., sec. 9.400) July 4 – Independence Day – State holiday (SDCL 1-5-1)

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 14-5; See Hdbk., sec. 5.115)

First meeting following election – Appointed municipal

www.bannerass a ociates.com

JULY 2018

officials are usually appointed. The appointment may be annual, or for an interval determined by the governing body. (SDCL 9-14-3)

First meeting following election – In municipalities having the mayor and common council form of government, the council must elect a president and vicepresident for the ensuing year. (SDCL 9-8-7; See Hdbk., sec. 2.520)

First meeting following election – In municipalities governed by a mayor and four commissioners, the board must designate by a majority vote, the following commissioners: Public Safety, Public Works, Utilities, and Finance and Revenue. Commissioners are assigned areas of responsibility under the law. (SDCL 9-9-18 to 9-9-24; See Hdbk., sec. 2.590)

First meeting following election – In municipalities governed by a mayor and two commissioners, the board shall by a resolution adopted by a majority, assign and apportion between the members, all duties that are not assigned to the mayor. (SDCL 9-9-27; See Hdbk., sec. 2.595)

First meeting following election – In those municipalities employing a city manager and under the commissioner form of government, at the first regular meeting in the month following the annual election, the commissioners must elect one of their members to serve as mayor for a 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)

August

No later than August 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600) No later than August 1 – In those municipalities employing a city manager, the city manager is required to prepare and submit an annual budget to the governing body. (SDCL 9-10-15(5); See Hdbk., sec. 12.065)

Sales tax ordinance deadlines – The effective date of any new or amended municipal sales tax ordinance must fall on either January first or July first. The municipality must notify the Department of Revenue of the ordinance at least 90 days prior to the effective date. (SDCL 10-52-9; 1052A-13; See Hdbk. Sec. 12.260)

On or before September 1 – The finance officer must report annually to the governing body an estimate of the expenses of the municipality and likewise the revenue necessary to be raised for the current year in budget form similar to that recommended by the municipal accounting manual as provided in SDCL 4-11-6. (SDCL 9-22-23; See Hdbk., sec. 12.065) At the first regular meeting in September, or within ten days thereafter – The annual appropriation ordinance for the ensuing year must be introduced. (SDCL 9-21-2; See Hdbk., sec. 12.066)

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.

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))

SOUTH DAKOTA MUNICIPALITIES

Let’s show the world what we we can n do togetherr.. Day by day. Project by project. Together we’re renewing infrastructure To and keeping the world in business.

sehinc.com • 800.325.2055

SDML • 208 Island Drive Ft. Pierre, SD 57532

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