Dougherty & Company LLC is now Colliers Securities LLC We are excited to share that we have completed our previously announced agreement to join Colliers International. Dougherty’s senior leadership team will continue to drive operations and will remain significant shareholders. Colliers Securities will encompass all business previously conducted under Dougherty & Company, offering the same robust foundation in serving the needs of non-profits, units of state and local government and other tax-exempt entities. For over 40 years we have served South Dakota’s local and state governments, school districts, counties and cities, underwriting over $6 billion in bonds for South Dakota public entities since 1990. We look forward to serving South Dakota as part of the Colliers team! Tom Grimmond Sioux Falls, South Dakota Phone 605.339.9800 | 800.339.1111 tom.grimmond@colliers.com
colliers.com Colliers Securities LLC is a Member SIPC/FINRA
Toby Morris Pierre, South Dakota Phone 605.224.5557 | 877.224.5557 toby.morris@colliers.com
Official Monthly Publication
Member of National League of Cities
www.sdmunicipalleague.org
South Dakota MUNICIPALITIES
Managing Editor: Yvonne A. Taylor
PRESIDENT Debbra Houseman Finance Officer, Lake Andes 1st VICE PRESIDENT Steve Allender Mayor, Rapid City
2nd VICE PRESIDENT Amy Leon City Manager, Yankton
TRUSTEES Fay Bueno Finance Officer, Sturgis
Editor: Sara M. Rankin
DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster
2021 District Meeting Schedule . . . . . . . . . . . . . . . . .8
2020 Elected Officials Workshop . . . . . . . . . . . . . . . . .9 SDML Policy Process . . . . . . . . . . . . . . . . . . . . . . . .10
Hall of Fame Nomination Form . . . . . . . . . . . . . . . .11
Dist. 4 - Becky Brunsing City Administrator, Wagner
Hey! Hold My Beer and Watch This! . . . . . . . . . . . .14
Dist. 3 - Dawn Murphy Finance Officer, Tea
Dist. 5 - Renae Phinney President, Ree Heights
Christine Erickson Councilmember, Sioux Falls
Dist. 8 - Dave Geisler Mayor, Murdo
PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City
2020 SDML Excellence Award Nomination Form . . . .7
DSU Lab to Help Municipal Networks Beat Cyberattacks . . . . . . . . . . . . . . . . . . .12
Dist. 6 - Leland Treichel Mayor, Roscoe
Harry Weller Mayor, Kadoka
2020 SDML Annual Conference Agenda . . . . . . . . . .6
Dist. 2 -Jennifer Eimers Finance Officer, Madison
Karl Alberts Finance Officer, Aberdeen Carolynn Anderson Finance Officer, Wall
Features
Contents
Dist. 7 - Arnold Schott Mayor, McLaughlin
Dist. 9 - Laurie Woodward Finance Officer, Custer Dist. 10 - Michelle DeNeui Finance Officer, Spearfish
LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655
Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: David Pfeifle Executive Director Lynn Bren Deputy Director Kristina Peterson Underwriter Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant
State Agencies Urge Caution When Hiring Transient Vendors . . . . . . . . . . . . . . . . . . . . . . . . . . .13
State Historical Society Awards Three Historic Preservation Grants . . . . . . . . . . . . . 16
A Whole-of-Government Approach: Embedding Disaster Resilience into Municipal Operations . . . . . . . . . . . . . . . . . . . . . . . .18 SDMEA Hometown Power . . . . . . . . . . . . . . . . . . . .22
SCOTUS Rules Employers May Be Sued for Sex Orientation and Gender Identity Discrimination . . . . . . . . . . . . . . . . . . . . . . .24
Columns
Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .26 Washington Report: Senator Thune . . . . . . . . . . . . . .28
In Every Issue
SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . .15
City Highlight - Hot Springs. . . . . . . . . . . . . . . . . . . 21
Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .30
Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .37
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 2020
VOLUME 87, NUMBER 1
3
Director's Notes
One of the things we hear most often in our training sessions is “This is great information – How can we get it to our elected officials? They really need to know this!” We all know how difficult it is to get the time away from “real” jobs, all the other activities that come with family and community, and go to a school or seminar, but it is one of the most important things you can do as an elected official.
For those who are newly elected, or who’d like to brush up on the basics, the best opportunity is coming up on September 2 in Pierre. The Elected Officials Workshop will take you through ordinances and resolutions, forms of government, dealing with employees, open meeting laws, bids and contracts, liquor licensing, and budgeting, as well as a chance to talk with experts and getting to hear from other elected officials. It is a full day, and the range of topics doesn’t allow us to delve deeply into any one issue, but it is a great chance to get a broad overview that will
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allow you to recognize when things are perhaps not going just right – and give you the chance to correct it before it becomes a real problem.
We were very disappointed that the HR and Finance Officers’ schools had to be cancelled this year, but obviously the situation with COVID-19 made it nearly impossible to consider bringing all of those people into Aberdeen at that time. The Municipal League staff has mostly been working from home, and we are looking forward to returning to our offices. Our city leaders have truly shown their character – your municipal mantra of “get it done, keep people safe, and keep services working” has never been more important or effective. This is the kind of government we can all be proud of.
Along with wishing our nation a happy birthday this month, we wish you a safe and enjoyable Fourth of July. God Bless America! Until next month, remember we are always available at 1-800-658-3633 or yvonne@sdmunicipalleague.org. Yvonne Taylor Executive Director
SOUTH DAKOTA MUNICIPALITIES
President's Report
As we begin the month of July, most of the municipalities across our great state will be reorganizing their Boards as a result of the elections in June and even if you haven’t had an election it is that time for your Board to restructure. How do we as boards and as Finance Officers prepare new public officials to serve and how do we take time to remind our returning Board Members of certain policies, procedures, etc.
As a Finance Officer I like to take the opportunity presented at the July meeting to share the Robert’s Rules of Order with the entire board as an informational piece. I also like to take that first meeting as my time to distribute ordinance books making sure new and returning Councilmembers have an updated version of the ordinance book on hand to allow for a reference point when they are receiving calls from residents after hours. In addition, I like to share with the Council that the SD Municipal League Handbook is available in our office and is a quick
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reference for me or any when Councilmember searching out particular laws that guide procedure and actions made by the governing boards. The above items are all good reference materials for our Boards to have access to and tools that they can utilize to help them become more informed and better serve their communities.
In addition, I try and share any training offered for Public Officials that may be available. I also try to encourage attendance to the League Conference in the fall, which is a great time for all public officials to network with similar communities and discover ways those communities have successfully met challenges while serving. These are just a few of the things I do for our governing board to help them serve. I do think it’s a good time to evaluate what we do and how we can better share and help provide resources to help our public officials serve our communities. Those are my thoughts, I hope you have a blessed July filled with lots of sunshine and fireworks!!!
Debbra Houseman President
w w w. i n t e r s t a t e e n g . c o m 120 Industrial Dr Suite 2, Spearfish / (605) 642-4772 engineering/surveying/planning
JULY 2020
5
District 1
Chairman
Vice-Chairman
2021 Date
2021 Site
Paullyn Carey, Huron
March 17
Elkton
Mike Grosek, Webster
Terry Jaspers, Sisseton
Dawn Murphy, Tea
Mary McClung, Harrisburg
5
Renae Phinney, Ree Heights
Ron Blachford, Miller
7
Arnold Schott, McLaughlin
Gary Weismantel, Herreid
9
Laurie Woodward, Custer
Teresa Gossard, New Underwood
2
Jennifer Eimers, Madison
4
Becky Brunsing, Wagner
3
6 8 10
8
2021 District Meetings Schedule
Leland Treichel, Roscoe David Geisler, Murdo
Michelle DeNeui, Spearfish
March 16 March 18
Larry Lucas, Pickstown
March 25
Rick Boschee, Bowdle VACANT
Mark Carstensen, Sturgis
Roslyn
Vermillion
Plankinton
March 22
St. Lawrence
March 24
Akaska
March 31
New Underwood
March 23 March 30 April 1
Groton Philip
Belle Fourche
SOUTH DAKOTA MUNICIPALITIES
SDML
South Dakota Municipal League 2020 Elected Officials Workshop Wednesday, September 2, 2020 Ramkota Hotel and Conference Center x Pierre, SD The purpose of this workshop is to provide a basic crash course on local government. $50.00 per person. Includes workshop material, the SDML Handbook for Municipal Officials ($60 value) and lunch. Please be sure to register by the August 15th deadline.
a THIS WORKSHOP IS OPEN TO ALL ELECTED OFFICIALS a
REGISTRATION FORM Municipality: ________________________________________________________________________ Please indicate Form of Government: Aldermanic
Aldermanic with City Manager
Trustee
Commission
Commission with City Manager
Home Rule
Please Print Name and Title as you would like it to appear on the nametag:
Name
Title
_______________________________
______________________
___________________________
_______________________________
______________________
___________________________
_______________________________
______________________
___________________________
_______________________________
______________________
___________________________
Number Attending ______ @ $50.00 = $_________________ Please return this form and payment by August 15, 2020* to: SD Municipal League *No refunds will be given after August 15, 2020 208 Island Drive Ft. Pierre, SD 57532 SDML OFFICE USE ONLY: DATE:_______________ CHECK #:_______________
MAY 2017
AMOUNT:________________
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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, 2020 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 9, during the Annual Business Meeting, held at the SDML Annual Conference, October 6-9, 2020 in Spearfish.
City: ________________________________________________________
Your Name:___________________________________________________ Phone Number:_______________________
Suggested Legislative or Policy Change:________________________________________________________________
_________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________
DSU Lab to Help Municipal Networks Beat Cyberattacks
Project Boundary Fence is free to SD cities, counties
Every city and county government’s computer network system is attacked every day, said Andrew Kramer, instructor of computer science at Dakota State University in Madison, S.D.
These attacks can be costly, in the amount of time and energy needed to fix the problem, with ransoms paid, or costs in constituent confidence.
“It’s a prevalent problem,” Kramer said, and statistics indicate these attacks are only increasing. Security Boulevard, a security bloggers network, says attacks were up in 2019, increasing 65% from the 2018 numbers. To combat this, the Cybersecurity and Infrastructure Security Agency (CISA) released a December 2019 document promoting cyber readiness.
Since last fall, Kramer has been developing an idea to help local government systems be ready by finding vulnerabilities so that the municipalities can fix the issues and strengthen their systems.
That idea has now developed into Project Boundary Fence (PBF), which will test and secure county and city networks through external penetration testing. The Consumer Protection Division at the Attorney General’s Office is partnering with PBF to provide the service free to South Dakota municipalities and counties.
“PBF will utilize Austin’s and Andrew’s knowledge and skills to better protect IT infrastructures of the counties and cities across South Dakota,” Jones said.
Fritzemeier, a May 2020 cyber operations graduate of DSU, has experience working with pen testing from club and competition teams while a student, including participating in a national pen testing competition. These experiences introduced him to the tools he uses and allowed him to delve into the knowledge base needed for this work. Through the South Dakota Municipal League, some cities have already reached out to Fritzemeier. As the awareness of this program increases, PBF could make a real impact.
“It’s really interesting to help people see things they are not aware of in their systems, and bring to light what can be done. I’m grateful to be able to help them.”
Municipalities interested in this program can find more details and contact information at https://dsu.edu/boundary-fence/index.html.
“Project Boundary Fence is a proactive approach to cyber security for the cities and counties in the state, to help better protect the IT infrastructure of counties and cities across South Dakota,” said Trevor Jones, director of Digital Forensic Lab at DSU’s Madison Cyber Labs, or MadLabs.
“Local governments are often understaffed and underfunded, simply because of budgetary considerations,” said Kramer. “Staff usually only have the time to keep the network online. They don’t have the time to look for problems or investigate esoteric security issues that an attacker might take advantage of.”
In April, Austin Fritzemeier was hired to perform the external pen tests for Project Boundary Fence that will identify network vulnerabilities and validate current security defenses. The entity will receive a final report, which will help them understand their current security posture, reduce cyber risk, facilitate compliance, and improve operational efficiency by giving them actionable feedback, Kramer said. 12
SOUTH DAKOTA MUNICIPALITIES
State Agencies Urge Caution When Doing Business With Transient Vendors
Attorney General Jason Ravnsborg, the Division of Consumer Protection and the South Dakota Department of Revenue warn consumers to be wary of transient vendors once again.
"Don't be taken advantage of this year," cautioned Ravnsborg. "Make sure vendors are legitimate before doing business with them by asking for proof of a South Dakota business tax license. A majority of these contractors are legitimate, but there is always a handful seeking to take advantage of the current situation."
Even with the current social distancing throughout the state and nation the Department of Revenue is receiving calls about vendor licensing. It is vitally important for consumers to do their due diligence to ensure that they do not become the victim of a scam. Here are some suggestions to keep in mind when dealing with a transient vendor: •
• • • • • •
•
•
•
transient vendors have paid their local suppliers or you may be held liable for unpaid materials Pay by check. Avoid on-the-spot cash payments. The safest route is to write a check to the contracting company not an individual.
Consumers can file a complaint directly on the Attorney General's Consumer Protection website at consumer.sd.gov. For any additional information consumers can email the Office at consumerhelp@state.sd.us or call 800-300-1986.
Homeowners should look for a reliable contractor with a proven track record who readily offers credentials. Ask for references. Legitimate vendors should be more than willing to provide a list of satisfied customers to verify their work. Ask for the details in writing. Ask for sales tax or contractor's excise tax license. Obtain a local permit, if required. 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. Be careful about paying for work in advance. Before making final payments, make sure
MAY 2017 JULY 2020
13
Hey! Hold My Beer and Watch THIS!
The second part of the contracts that we have recommended our Members include is the indemnification language. The indemnification language serves to ensure that the host is not only affording protection to your entity in the form of a defense against claims, but also is agreeing to indemnify, or pay back any judgments which may be awarded against your entity as a result of a third party claim.
By Lynn Bren, SDPAA Deputy Director
Hey, hold my beer…. All the best stories seem to be started with this phrase. It’s this phrase that makes for cringe worthy YouTube videos that leave people shaking their heads in disbelief and often times amazement that something ‘worse’ didn’t happen at the end.
In virtually every contract or agreement that you are asked to sign, and are asking others to sign, there is some version of hold harmless and indemnification language involved. In true fashion, most times we sign off on these forms without taking a second to really digest what that means… hold harmless and indemnify.
Remember that “hold my beer” moment? In the world of facilities use agreements, that hold harmless and indemnification language helps to transfer the risk of what happens AFTER the comment to the host of the event. When you are renting out the local community center or parks, the hold harmless language allows you to require the host of the event to protect your entity from defending those claims which may arise from the “hold my beer” moment, as well as those from those moments that aren’t as flagrantly risky. In most cases, the hold harmless language serves to ensure that the user of the property (the host) is going to make sure that the owner (your entity) is protected from any and all claims which may arise out of their use of the property, regardless of whether the host did anything wrong to contribute to the incident. 14
A properly prepared and executed facilities use agreement will contain language which outlines that a renter will hold harmless (defend against all claims) and indemnify (pay back or take care of any damage awards) arising from the event. Because the host is receiving the most benefit from the use of the property, and further has the most control over the activities which occur during the use of the property, it is appropriate for them to agree to be responsible for claims which may arise from the use of the facility. Another aspect of the facilities use agreements that we consider is when we are asking for proof of insurance coverage from our host. The purpose of this is two-fold. One is to help ensure that those people are properly protecting themselves from claims which may arise out of their event. The second part is to ensure that they, to the extent their insurance coverage allows, are able to fulfill the obligations to hold harmless and indemnify your entity for claims arising out of their event. Taking the insurance aspect a step further, requiring that your entity be listed as an additional insured further strengthens your ability to receive benefits under the host’s liability coverage.
When reviewing contracts that you are being asked to sign, it is important to remember these terms. Further, you will want to look for language which narrows the scope of the liability you will be accepting. You want to be sure that you are only agreeing to be responsible for claims or issues which may arise out of your involvement with the subject of the contract. Consider the hold harmless and indemnification situations from above. The entire purpose of the agreement is to ensure that you are not being held responsible for activities or incidents that you have no control over. The same should be true when considering contracts that you enter into. You should not agree to be responsible for claims or situations which may result in claims that you have no control over. Review the hold harmless and indemnification language of all your contracts to ensure that you are only accepting claims that SOUTH DAKOTA MUNICIPALITIES
arise out of your involvement with the subject of the contract that will limit your exposure. The key phrase to look for is “any and all claims�; when you see this phrase, you should look for in very close vicinity a statement restricting those claims to the confines of the document subject matter, whether its equipment rental or performance of a duty.
Contracts are legally binding. They are not to be taken lightly when considering them. The City Attorney should be asked to review all contracts, even those facilities use agreements we talked about earlier, before executing or utilizing them. If you’re curious about whether your facilities use agreement is up to par, give us a call. For those SDPAA Members who don’t have one yet, we have some sample language we’d love to share with you. For those who aren’t SDPAA Members and don’t have one‌ give us a call, we’d love to provide you with a quote for coverage and services with the SDPAA! Visit our website at www.sdpaaonline.org or email us at sdpaa@sdmunicipalleague.org for additional information or an application.
2020 Events Calendar
July 9
Virtual Budget Training
19-20
Policy Committee Meetings, Fort Pierre
2
Elected Officials Workshop, Pierre
6
SDML Board of Directors Meeting, Spearfish
August
September October 6-9
SDML Annual Conference, Spearfish
18-21
NLC City Summit, Tampa, FL
9
Joint SDML Board Meeting with County Association, Pierre
November December
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State Historical Society Awards Three Historic Preservation Grants
Historic preservation projects in Huron, Sisseton, and Yankton recently received matching grants from the South Dakota State Historical Society.
“This historic preservation grants 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,” said Jay D. Vogt, director of the State Historical Society at the Cultural Heritage Center in Pierre. “In 2019 we awarded $120,676 among nine projects which had matching funds of $327,812. The resulting total public-private investment was $448,488.”
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.
The following projects were the most recent to receive grants to supplement their work: •
16
Huron (Beadle County): Habicht & Habicht Department Store, built in 1931, received $12,550 to assist in restoring metal fixtures, replacing broken glass storefront panes, restoring original window signage in exterior transom and glass in interior transom, manufacturing back door according to original designs, install period-
•
•
appropriate cloth awning over storefront. Sisseton (Roberts County): Sisseton Middle School, built in 1937, received $22,500 to assist in the completion of roof repair. Yankton (Yankton County): Yankton United Church of Christ, built in 1905, received $15,000 to assist with continuing repairs to stained glass windows.
These new recipients represent a total award amount of $50,050 and estimated matching funds of $229,166. The total public-private investment is $279,216. These figures will be included in the 2020 year-end totals.
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/fundingopportunities.aspx.
About the South Dakota State Historical Society The South Dakota State Historical Society is a division of the Department of Education. The State Historical Society, an Affiliate of the Smithsonian Institution since 2013, 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 history.sd.gov for more information. The society also has an archaeology office in Rapid City; call 605-394-1936 for more information.
SOUTH DAKOTA MUNICIPALITIES
JULY 2020
17
A Whole-of-Government Approach: Embedding Disaster Resilience into Municipal Operations
By Patrick Howell
As city and county managers across the United States grapple with an unprecedented public health crisis, the need to build local capacity to withstand, adapt to, and recover from natural and manmade disasters has never been more critical.
However, all too often we find that disaster preparedness is viewed as the sole responsibility of public safety and/or emergency management departments, residing in a silo and rarely receiving the attention or investment from the broader organization, at least until a crisis presents itself. This silo approach is not only precarious, but it misses tremendous opportunity to create collateral benefits within your organization, your staff, and the greater community.
Indeed, focusing your limited time, energy, and resources on a counterfactual effort such as disaster preparedness and mitigation can often times be difficult to justify to
18
both your council and constituents—particularly amid mounting citizen demands for public-facing services and dwindling traditional revenue streams. However, for a moment, consider the past 30 years: •
•
The average number of billion-dollar disasters per year in the United States has quadrupled, from an average of approximately three per year during the 1980s to a staggering twelve per year in the 2010s. The costs associated with these disasters have skyrocketed, from average losses of $13 billion per year in the 1980s to an unprecedented $80 billion per year in the 2010s.
The upward trajectory of both frequency and severity of natural disasters is expected to continue in the United States for the foreseeable future, and the challenges and complications that emerge will put local government preparation to the test. Pervasive issues of social inequity
SOUTH DAKOTA MUNICIPALITIES
and economic fragility will be exacerbated in this new normal, as will the potential need to address overlapping and/or simultaneous crises (e.g., COVID-19 and the impending hurricane season for coastal communities in the United States). Preparing for such an environment requires a purposeful shift from the silo mentality that so many of us often fall victim to a systems-thinking approach that integrates disaster resilience across the organization and is inclusive of both internal and external stakeholders. Contrary to popular belief, this can be easier than it may seem.
Establish a Resilience Champion Identify a high-performing, passionate individual in your organization that can galvanize your organization around holistic disaster preparedness. While advantageous to appoint someone with disaster management knowledge and experience, it is not entirely necessary if that expertise is not readily available in your existing roster. The primary responsibility of this person should be the generation and maintenance of momentum among your stakeholder groups.
Muster Your Team As disasters disrupt nearly every sector of your community, it is imperative that all sectors are represented in each phase of disaster risk reduction: hazard assessment, program planning, and project implementation. Disaster planning requires a whole-of-government approach.
Establish a standing working group that includes municipal officials from across the organization, including (but not limited to) finance, public works, utilities, health and human services, parks, planning/zoning/community development, public safety, and city council. Provide a clear understanding of what each official’s role in disaster planning should be and make sure they agree. Give clear action items from one meeting to the next and send reminders so these do not get lost between meetings.
Be Inclusive of External Stakeholders In addition to department heads and elected officials within your organization, convene a broader stakeholder group that includes representatives from the business community and local nonprofit groups. The interests of these groups typically align with those of the municipality in terms of disaster preparedness, response, and recovery as they advocate for resilient social, economic, and physical infrastructure in their communities. Chambers of commerce can be powerful actors, as issues of resilient infrastructure, economic opportunity, and continuity of operations are of mutual interest between the business they represent and the localities in which they’re located. MAY 2017 JULY 2020
For example, in one suburban community in the northeast United States, the municipal administrator invited the president of the Chamber of Commerce into a Community Resilience Assessment and Planning Workshop, which identified hazards and vulnerabilities specific to this community, and prescribed practical actions to build disaster capacity. Local officials benefited from the unique insights of the business community related to disaster preparation, and in turn, the chamber became one of the community’s strongest advocates for public and private investment in risk mitigation and resilience.
Similarly, the nonprofit sector is often an advocate for the very issues that are fundamental to integrated disaster preparedness, including safe and affordable housing, social equity, and access to services and opportunities. In short, make friends before you need them!
Institute Regular Stakeholder Meetings Facilitate communication, collaboration, and accountability of all stakeholders through regularly scheduled convenings of all your stakeholder groups. Get your team on the same page with an initial stakeholder workshop to create a common understanding of your
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community’s hazards, vulnerabilities, and assets. Hold subsequent, recurring meetings (perhaps quarterly) to coalesce various interests and identify opportunities for collaboration. Establish well-defined subtopics within disaster preparedness for each meeting to keep the multitude of stakeholders on track, making incremental progress toward integrated disaster management and community resilience. One successful strategy is to rotate meeting hosts between department heads, allowing each meeting to center around a given topic (i.e., planning, finance, economic development, social services, etc.). Assign stakeholder coordination and meeting logistics to your resilience champion.
Integrate Planning Efforts Each department within your organization likely has a strategic plan unique to the purpose, goals, and initiatives of that department. Without proper collaboration and cross-departmental communication, these plans risk contradiction, potentially reinforcing a silo mentality and creating competition between various service areas. Perform an analysis of the various strategies and initiatives to identify potential collateral benefits of potential projects. Assess how these projects can be leveraged with existing assets across the organization, and consider the collateral benefits of cross-departmental project collaboration. The best resilience projects will serve multiple purposes and provide a host of secondary benefits, such as job creation, land reuse, decreased environmental impact, and bankable income. Furthermore, this exercise will also serve as a gap analysis, to see where there may be further opportunities to integrate disaster management into existing departmental plans.
Disaster preparation and resilience planning is a critical component for all local governments, but is not something that can be completed all at once—or by one person. To be successful, focus on integrating disaster planning across your organization, engaging others who can help and have a role to play, and maintaining your community’s overall progress and commitment to the process. PATRICK HOWELL is a program manager for community resilience at the Institute for Building Technology and Safety, and chairman of the Equitable Climate Resilience for U.S. Local Governments Advisory Panel, Ashburn, Virginia (phowell@ibts.org).
Reprinted with permission from the International City/County Management Association, Public Management Magazine, May 2020. . 20
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a 1.6 mile walking trail ail that provides relaxation, rivver access and views of local art and a architecture architecture. Many buildings in our historic downtown district were built with locallyy quarried sandstone, giving Hot Springs’ visage a truly distincctive look. Some city owned prized attractions include; Evan ns Plunge 0LQHUDO 6SULQJV D IIXXQ ¿OOHG SODFH WR SODD\\ VRDN DQG UHODD[[ LQ our healing waters. The award winning 18-hole Soutthern Hills Golf Course, touted as one of the best courses in the state. The Mueller Civic Center host to; concerts, theatres, coonferences and events. Six public parks with baseball, basketball, all, tennis, soccer, playgrounds, restrooms, shelters, pavilions and skate parks. The HS Municipal Airport, home of the an nnual Fall River Hot Air Balloon Festival, provides for a vvariety of aeronautic activities and the beautiful HS Publicc Library, R྾ ྾HHULQJ \HDU URXQG DFFHVV WR FXOWXUDO HGXFDWLRQDO KLVWRULFDO and recreational resources and home to the prizzed Helen Magee Heritage Room, full of local and regional hisstory.
history of Hot H Springs and the surrounding Black Hills. Wind i Cave National Natioonal Park, Park located north of to own drawing visitors own, since 1890, to explore above ground ttrail and underrground caves and to the south of town Angosturaa Reservoir, providing plenty of outdoor activities including camping, boating, ÂżVKLQJ DDQQG VZLPPLQJ One of our proudest legacies is caring forr our nations’ veterans at the Michael J. Fitzmaurice South Dakota D State V Veterans eterans Home and the VA A Black Hills Health Care System, located within the Battle Mountain Sanitarium um National Historic landmark. Both facilities length of service ice to veterans earned Hot Springs the title of “The V Veterans eteranss Townâ€?, one we still proudly carry. :HÂśYH EDUHO\ WRXFKHG RQ HYHUU\ :H \WKLQJ +RW 6SULQJV KDV WR Rŕľľ ŕľľHHU you must come and see the rest for yourself. One thing is certain, it’s easy to understand why Hot S Springs is an appealing place to live, work and play.
Provide ded by: The City of Hot Springs
MAY 2017 JULY 2020
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Russ Halgerson is Electric Department Manager for Brookings Municipal Utilities and serves as the President of the SDMEA Board of Trustees.
Russ, tell us a little bit about yourself. Where are you from? Education background? Family? I grew up in Madison, SD and attended college at South Dakota State University, where I received my bachelor’s degree in Electric Engineering. My wife Katie and I have 2 wonderful daughters, Tenley (3) and Chloe (1).
Russ Halgerson
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You have been with the Brookings Municipal Utilities since June of 2017. Prior to that you were working in Minnesota. Did your South Dakota roots influence your decision to accept your position with BMU? We lived in Minnesota for 6 years and really enjoyed our time there. Both my wife and I grew up in South Dakota, so it was really exciting to have the opportunity to move back home to raise our family. We met during our time at SDSU, so it was kind of surreal getting to move back to the community we’ve loved since college. There’s no place we’d rather be!
SOUTH DAKOTA MUNICIPALITIES
What is your role with BMU and how does that compare with previous job experience? After graduating college, I took my first job at People’s Energy Cooperative in Rochester, MN. I was a system engineer, so my role was mainly engineering-focused on planning and designing an electric distribution system. As the job progressed, my work ethic allowed me to gain hands-on experience in almost every aspect of the utility, including operations, customer service, finance, etc. Currently, I spend less time doing the actual engineering stuff, but I feel that my broad experience has really prepared me for my current role as the Electric Department Manager at BMU.
South Dakota has 35 municipal electric communities. How do you think the SDMEA best represents those communities? Given the recent legislative efforts to reduce the municipal electric utility’s right to grow along with the community, it is more important than ever to communicate the benefits of having a municipally-owned electric utility. I think SDMEA offers a voice for these communities and is able to provide the information and resources for communities to share their stories and successes. We know that everybody has a great story to tell, and we want to help them tell it. I feel honored to be the President of SDMEA and will continue working to be a good steward for the communities we represent. What do you do for fun when you aren’t working? When I’m not working, you can usually find me relaxing at the lake, trying to catch a fish, or searching for my golf ball. Most of all, I enjoy spending time with family.
In this series, Director of Municipal Electric Services, Chris Hill, sits down for some one-on-one with the SDMEA Board of Directors.
JULY 2020 MAY 2017
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SCOTUS Rules Employers May Be Sued for Sex Orientation and Gender Identity Discrimination
In a 6-3 decision in Bostock v. Clayton County the Supreme Court held that gay and transgender employees may sue their employers under Title VII for discriminating against them because of their sexual orientation or gender identity. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of race, color, religion, sex, and national origin.
This case will significantly affect states and local governments which may now be sued under Title VII by gay and transgender employees. Previously a patchwork of states allowed discrimination claims under state law.
The Court, in an opinion written by Justice Gorsuch, unsurprisingly, began its analysis by considering the definition of the word “sex.” The Court assumed that the term refers only to biological distinctions between male and female. But, the Court noted, Title VII prohibits taking
certain actions “because of” sex, meaning “sex” can be one of multiple factors. And Title VII prohibits discrimination against individuals, not groups.
According to Justice Gorsuch: “From the ordinary public meaning of the statute’s language at the time of the law’s adoption, a straightforward rule emerges: . . . If the employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee—put differently, if changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred.”
The Court offered an example involving a gay employee to illustrate its point that sex is a factor in discriminating against gay employees: “Consider for example, an employer with two employees, both whom are attracted to
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men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee’s sex, and the affected employee’s sex is a but for cause of his discharge.”
The Court also offered an example involving a transgender employee to illustrate sex is a factor in discriminating against employees based on gender identity: “[T]ake an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee’s sex plays an unmistakable and impermissible role in the discharge decision.”
MAY 2017 JULY 2020
MARK YOUR CALENDARS! Friday, August 14, 2020 #cityhallselfie day! Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan joined the majority opinion.
Justice Alito wrote a lengthy dissenting opinion which Justice Thomas joined. Justice Alito describes the majority opinion as “legislation.” He notes that neither “sexual orientation” nor “gender identity” are listed in Title VII as grounds for prohibited discrimination. Justice Kavanaugh wrote a briefer, solo dissent opining that it is Congress’s and the President’s responsibility to amend Title VII, not the Court’s.
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Risk-Sharing
How to Report a Work-Related Injury
Reporting a work-related injury seems like it should be an easy process. It really is easy, but there are a few key things that must be done to insure that the injury is reported properly.
In the unfortunate event that a work-related injury should occur, there are two very important South Dakota Workers’ Compensation Laws that apply: SDCL 62-7-10 requires,
“An employee…must notify the employer of the occurrence of the injury…no later than 3 business days after the occurrence. Also, SDCL 62-6-2 requires,
“An employer…who has knowledge of an injury that requires medical treatment other than minor first aid… shall file a written report with…the employer’s insurer (SDML Work Comp Fund or claims administrator, Claims Associates)…The report shall be filed within 7 calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury…The report shall be made on a form approved by the Department of Labor. Any employer who fails to file a report as required by this section…is subject to an administrative fine of $100…”
When an employee reports a work related injury, it is best to sit down with the injured worker and complete the South Dakota Employer’s First Report of Injury. This form is available online at www.claimsassoc.com, www.sdmlwcfund.com, or the Department of Labor website.
First, help the injured employee complete the Employee/Injury/Treatment section of the form. If the employee is incapacitated, you can complete the form on behalf of the employee. Be sure to include the date, time, location, and how the injury occurred. Also include to 26
whom and when the injury was reported. After the Employee section is complete this will fulfill the injured worker’s obligation to provide notice to you within 3 business days of the incident.
Next, on the same First Report of Injury form you should complete the Employer/Employment Information section, which includes providing the employee’s status, such as Full-Time, Seasonal, or Volunteer, the employee’s hours, wages and occupation, etc. In this section, it is very important to fill in the Class Code and the Department that the injured employee works for (i.e. 5506 Street Department, 7720 Police Department, etc.). If you have questions about this part, be sure to call Insurance Benefits, Inc. for assistance. When the First Report of Injury is complete, the SDML Work Comp Fund recommends having the employee sign a Medical Authorization. This will help to expedite the gathering of medical records and bills from the treating physician/facility. This form is also available at www.claimsassoc.com or www.sdmlwcfund.com. Fax, mail or E-mail both forms to Claims Associates within 7 calendar days of receiving notification of the incident, not including Sundays and holidays. For example, if an employee is injured on Friday May 22nd, (the Friday before Memorial Day) and completes their section of the First Report of Injury, then you must complete the First Report of Injury and submit it to Claims Associates no later than Monday June 1st. You are required to keep a copy of the First Report of Injury on file for at least 4 years from the date of injury per SDCL 62-6-1. As the employer, please be aware that SDCL 62-4-43 allows the injured employee to make the initial selection of their medical practitioner. If the employee desires to change their choice of medical practitioner, the employee must obtain approval in writing from the SDML Work Comp Fund’s claims administrator, Claims Associates, Inc.
The employer’s claims representative may request the injured worker to attend appointments with another medical provider to obtain an independent medical examination (a second opinion).
A common question is what to do when an employee is injured, but does not seek medical treatment? If the injury only requires minor first aid, then it probably is not necessary to fill out a First Report of Injury. But, if the injury is something like a pop, crack, strain or sprain, then SOUTH DAKOTA MUNICIPALITIES
the SDML Work Comp Fund recommends submitting a First Report of Injury, especially if the employee makes a point to talk to you about the incident. If no medical treatment is sought by the employee, simply check the “No Treatment” box or write “Incident Only Report” at the top of the First Report of Injury. This ensures that the injury is properly reported in the event that the employee seeks medical treatment at a later date. This is also the perfect opportunity to call the Nurse Injury Triage Hotline at 877899-9112. A nurse will triage the injury and assist the employee with questions about their injury. This is a FREE service to our members.
Reporting an injury does not affect your experience modifier if there is no medical treatment, so there is no penalty for reporting an incident. If you need assistance or guidance about reporting a work related injury, feel free to contact the Administrator for the SDML Workers’ Compensation Fund at 800-233-9073 or email info@sdmlwcfund.com.
Here is an outline on how to report a work related injury. This information is also available on our website at www.sdmlwcfund.com. Thank you and be safe. 1. Help injured worker complete a First Report of Injury and a Medical Authorization. Both forms are available at www.claimsassoc.com or www.sdmlwcfund.com. This must be done within 3 business days of the incident. The sooner the better.
2. Have the employee call the Nurse Injury Triage Hotline at 877-899-9112. Calls are answered MF between 8am-5pm CDT. If you call after hours please leave a message and a nurse will contact you on the next business day.
3. Within 7 calendar days of being notified, complete the Employer/Employment Information section of the First Report of Injury and Fax, Mail, or E-mail both forms to: Claims Associates, Inc. PO Box 1898 Sioux Falls, SD 57101-1898 Fax 605-333-9835 E-mail to: claims@claimsassoc.com
4. Keep a copy of the First Report of Injury on file for 4 years. MAY JULY 2017 2020
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Washington Report: By Senator John Thune
For the last few months, essential employees across the country have been showing up for work, often risking their health and safety when they do. We’ve all heard harrowing stories of doctors, nurses, and other health care professionals who’ve spent weeks away from home so they could help treat patients and comfort families, sacrificing time away from their own.
We’ve also heard stories and seen the realities of other heroes who, up until the pandemic, have all been members of the unsung variety: delivery drivers, sanitation workers, grocery store workers, and cable and utility technicians, just to name a few. They’re the people we often took for granted on trash day or after placing an Amazon order or when we made a trip down the meat or dairy aisle. Honestly, I’m not sure I’ll ever look at a fully stocked grocery store the same way ever again.
Essential workers have helped keep America running, and during a crisis, Congress is an essential industry.
Showing Up to Work At the height of the pandemic, after Congress passed a massive, multi-trillion dollar coronavirus relief package, the Senate practiced what it was preaching. We spent a few weeks working from our home states to help reduce the risk of spreading the disease. Our top priority was – and is – keeping people safe. During that time, the attending physician and others at the Capitol worked hard to develop a plan for the Senate to safely return to Washington as soon as possible, and we did on May 4.
We’ve been hard at work monitoring the $2.4 trillion comprehensive response to the coronavirus pandemic, convening important committee hearings to conduct oversight and prepare legislation for future floor consideration, and walking and chewing gum by passing bills and confirming executive and judicial branch nominees.
I’ve participated in several Commerce Committee hearings that have examined how the coronavirus crisis has affected transportation in the United States – a critical industry for South Dakota. The committee heard directly from the airline, automotive, and railroad industries about how they’ve dealt with the pandemic and how they’re planning to be part of the reopening. The Commerce Committee has also examined the heightened reliance of broadband – another critical issue in South Dakota – particularly the dependence on keeping America connected over the last few months. And the Finance Committee, of which I’m also a member, has convened hearings to examine unemployment insurance during the pandemic and conduct oversight of certain Food and Drug Administration inspection processes.
As the economy continues to reopen in South Dakota and around the country, the Senate is going to continue to focus on those buckets: monitoring COVID relief efforts, convening hearings and conducting oversight, and passing bills and confirming nominees. All of them are important to our state’s and nation’s recovery and reopening.
This has been a difficult year. I know it feels like there have been more downs than ups. I think it has highlighted, though, that while our individual struggles might be unique, so too is our shared optimism that tomorrow will be better than today. Despite any obstacles we find in our way, we still wake up every morning in the greatest country the world has ever known. We are American together, and that’s why brighter days are always ahead.
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CLASSIFIEDS
CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is July 10 for the August 2020 issue. Email ads to sara@sdmunicipalleague.org or fax to 605-2248655. Visit www.sdmunicipalleague.org for more classifieds.
AIRPORT ARFF/MAINTENANCE/OPERATIONS TECHNICIAN: Pierre, SD - This position is responsible for performing building maintenance, grounds keeping and providing general daily oversight of airside operations by monitoring overall airfield safety and performs as an aircraft rescue firefighter. Maintains grounds, structures, lighting systems, vehicles, equipment, pavement and turf. Maintains documentation and records of all actions taken to ensure compliance with FAR Part 139 certification requirements. May work evenings, holidays, and/or weekends. Skilled in operating equipment and tools used in airport operations such as tractors, mowers, snow removal equipment, power tools, and ARFF apparatus. Must be or able to be certified aircraft rescue firefighter within six months. Knowledge of relevant FAA rules and regulations preferred. Must possess
strong oral and written communication skills. Strong computer skills desirable. Must be able to work without direct supervision. $19.54-$21.58 per hour plus comprehensive benefit package. Applications: Human Resource Office, City of Pierre, Box 1253, Pierre, SD 57501. Phone: 605-773-7429 or www.cityofpierre.org. EOE.
ASSISTANT MAINTENANCE WORKER: Canistota, SD - The City of Canistota is currently accepting applications for a maintenance assistant. Duties include, but are not limited to work performed in the streets, parks, swimming pool, landfill, water and wastewater departments. Applicant must be able to work independently and work efficiently with the public and contractors. Applicant must possess a high school diploma or GED, a valid driver’s license along with a CDL or the ability to obtain a CDL. The applicant must also be insurable. Knowledge of all types of equipment is desired. This position will remain open until filled. For more information, contact City of Canistota Finance Officer at 605-296-3551 or by email, canistotasd@unitelsd.com. An application and complete job description can be found at City Hall, 228 Main Street, Canistota, SD or on the City of Canistota’s website, www.canistotasd.com. EOE. COMMUNICATIONS OFFICER: Pierre, SD - The
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Communications Officer will work as part of a team operating the Central South Dakota Communications Center, the 911-Emergency Dispatch Center for central South Dakota. This position will be receiving calls for assistance from the public, documenting and dispatching appropriate public safety personnel for those calls. They will also receive, process and send radio communications for various Law Enforcement Agencies, Emergency Medical Services, and local Fire Departments. Must have a high school diploma or GED, computer knowledge and good typing skills, ability to remain calm in stressful situations, ability to multi-task and must have good communication & public relations skills. Must be able to work in a fast-paced environment and multi-task several items at one time. Knowledge of public safety preferred, but not required. Applicants must pass a written exam and a hearing test, preemployment drug screening & background check. $18.60 minimum plus comprehensive benefit package. Applications: www.cityofpierre.org. Phone 605-773-7429. EOE.
education and experience is preferred. For a job description and application please contact the City of Miller Finance Office at 605-853-2705 or finance.office@cityofmiller.com. Please submit cover letter, resume and references to City of Miller, 120 W 2nd St, miller, SD 57362. Salary DOE. Position open until filled. EOE.
ELECTRICAL APPRENTICE AND MAINTENANCE: McLaughlin, SD - The City of McLaughlin will be accepting applications for an Electrical Apprentice and Maintenance employee. Duties include assisting electrical lineman in constructing, maintaining and repairing power lines. Applicant would have to work to complete Utilities Apprenticeship program. Applicant would also perform other duties as assigned in the water, sewer, streets, garbage and parks departments. Benefits include: vacation, sick and personal leave and South Dakota State Retirement. For a detailed job description, contact the City of McLaughlin, PO Box 169, McLaughlin, SD 57642. Telephone: 605-823-4428, Fax 605-823-4429 or email mclughsd@heartlandpower.org.
ELECTRIC SUPERINTENDENT: Miller, SD - The City of Miller is looking for an electric superintendent to manage the functions of the municipal electric department. A minimum of four years experience or a combination of
MAINTENANCE WORKER: Bison, SD - The Town of Bison is taking applications for the full-time position of Maintenance Worker, including, but not limited to, the
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maintenance of streets, parks, water, sewer and garbage. For more information and/or to obtain an application, call City Hall at 605-244-5677 or Beth at 605-430-1606. Wage is dependent on experience. Benefits include vacation, sick leave, holidays, retirement, partial health insurance. Application deadline is Monday, July 13 at 6:00 p.m. EOE.
PUBLIC WORKS MAINTENANCE: Philip, SD - The City of Philip is accepting applications to fill the Public Works Maintenance II position. This is a full-time position that will assist in all phases of maintaining the city streets, water distribution and wastewater system. This individual will also assist with the maintenance of public buildings and open spaces including the airport, rubble site and swimming pool. Individual must possess or be able to obtain water or wastewater certifications. Knowledge and experience with all types of equipment is desired. A commercial driver’s license is also encouraged. Wage is depending on qualifications and experience with an excellent benefit package. Applications and detailed job descriptions are available at City Finance Officer, 140 S. Howard Ave, 4th floor, PO Box 408, Philip, SD 57567. 605-859-2175; online www.philipsd.us; or email cityadmin@philipsd.us. Applications will be accepted until the position has been filled. EOE.
STAFF ENGINEER: Pierre, SD - The City of Pierre is seeking applicants for a Staff Engineer. This position assists the City Engineer in providing technical services related to City of Pierre infrastructure projects. Also assists Building Official in plan review iand issuing Building Permits. Duties include project feasibility analysis, municipal infrastructure project design & review and construction project administration. Qualifications include being skilled in Civil Engineering design, project management, and computer applications (MS Office, CAD design and drafting, GIS/ARCView). Professional Engineer licensure within 2 years of employment preferred. B.S. in Civil Engineering, or a related field with a minimum of 2 years of related experience. Excellent communications skills and a clear ability to work with diverse individuals and organizations is essential. $73,506.45 minimum with comprehensive benefit package. Application can be obtained at www.cityofpierre.org. 605-773-7429. Open until filled. EOE.
FOR SALE: Aberdeen, SD - The City of Aberdeen is selling six metal light towers with working metal halide lights. Cost is negotiable. Please contact Mark at 605-626-7015 or mark.hoven@aberdeen.sd.us. Visit www.sdmunicipalleague.org for more classifieds.
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SOUTH DAKOTA MUNICIPALITIES
Municipal Calendar S
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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,
MAY 2017 JULY 2020
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 9-14-5; See Hdbk., sec. 5.115)
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First meeting following election – Appointed municipal officials are usually appointed. The appointment may be annual, or for an interval determined by the governing body. (SDCL 9-14-3)
First meeting following election – In municipalities having the mayor and common council form of government, the council must elect a president and vicepresident for the ensuing year. (SDCL 9-8-7; See Hdbk., sec. 2.520)
First meeting following election – In municipalities governed by a mayor and four commissioners, the board must designate by a majority vote, the following commissioners: Public Safety, Public Works, Utilities, and Finance and Revenue. Commissioners are assigned areas of responsibility under the law. (SDCL 9-9-18 to 9-9-24; See Hdbk., sec. 2.590)
First meeting following election – In municipalities governed by a mayor and two commissioners, the board shall by a resolution adopted by a majority, assign and apportion between the members, all duties that are not assigned to the mayor. (SDCL 9-9-27; See Hdbk., sec. 2.595) First meeting following election – In those municipalities employing a city manager and under the commissioner form of government, at the first regular meeting in the month following the annual election, the commissioners 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))
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) 38
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