Commission discusses term limits

Should Custer County Commissioners have term limits?
Like anything, it depends on who you ask.
The question was raised, however, at the April 22 meeting of the commission—by commissioner Craig Hindle—who said he had it added to the agenda because he does not believe anyone should be a lifelong politician, and he had heard from other people on the issue.
“I’d like to see where we want to go for this,” he said. “I’d like to see it on the November election and let the taxpayers decide.”
Hindle said in his experience, and in discussion with other past commissioners, it takes a full term of four years, if not longer, to really get up to speed and gain the knowledge to be a completely effective commissioner. He said he would recommend a commissioner be allowed three or four terms, but added he doesn’t think there should necessarily be term limits for all elected officials such as sheriff, coroner, auditor, etc.
State’s attorney Tracy Kelley, who herself is in an elected position, said she feels voters can enact term limits whenever they so choose simply by voting out someone with whom they are unhappy.
“Fresh ideas are great sometimes. I don’t disagree with that,” she said. “But I always feel it’s my right to vote for whoever I feel the best candidate is.”
Mark Sullivan, who was in the crowd, said he felt the discussion “smacks a little of hypocrisy,” saying there was a bill in the most recent legislative session that would have allowed residents to recall county commissioners, and that he was told at a Republican forum in Hot Springs that District 30 representatives who voted against the bill did so because they were told by District 30 county commissioners they did not support the bill.
Hindle said none of the representatives talked to him about the bill.
“I feel like I have a say every four years. If I don’t like the commissioner, I don’t like the auditor, I don’t have to vote for them,” Kelley said. “Part of the responsibility lies on us to pay attention to what is going on and take a stand.”
She said the lack of turnover in the commission tells her the public is satisfied with how things are going.
Audience Travis Hartshorn recalled a time the commission was three members with one east county, one west county and one at-large representative, and wondered if there had been discussions about a more geographic-specific makeup of the board for more east county representation
“Sometimes just living there every day and coming here brings a different perspective,” he said.
Hindle said he agreed, but added, “if they aren’t running, you can’t elect them.”
Commission chairman Jim Lintz said when he was in the legislature term limits were enacted in that body, which he called “probably the worst thing they could have done.”
“We lost some tremendous individuals off the senate and the house who were tremendous legislators,” he said. “(They were)  very knowledgable, (had) lots of experience (and) past history. They were good at what they were doing and we termed them out.”
Ultimately no decision was made on the issue, with Hindle telling people to put thought into it and if they sought term limits to talk to the commissioners.
The April 22 meeting was held prior to the recent rain and snow the county received, and some of the time was used for discussion regarding the dry weather and Ordinance 20, which gives the county the authority to enact a burn ban in the county when necessary.
County emergency management director Steve Esser noted the difference between county and state regulations and those on the Forest Service. 
In the Black Hills Forest Fire Protection District on the South Dakota side of the Black Hills, level one restrictions are in place year-round. That’s why people cannot build a fire anywhere they want on the forest.
However, when the Forest Service has level one restrictions on, that does not restrict fires in Forest Service grates, nor does it restrict them at Forest Service campgrounds in a campfire ring, grill grate, etc. That is why even though the county may have a burn ban, campfires may still be allowed on Forest Service property.
When the county enacts a burn ban—which it had in place until last Wednesday—it includes non-Forest Service campgrounds as well as Custer State Park.
Some teeth has been added to the burn ban, and violators of the ban when in place could be subject to up to a $500 fine and 30 days in jail. They could also be liable for injuries, suppression and extinguishment costs associated with any fire they start.
Discussion turned to how to make absentee landowners aware when a burn ban is in place, as there was talk of a VRBO in the county the sheriff’s office had to visit seven times because as new guests came in—unaware of a ban—they built campfires in a provided fire pit.
Custer County Sheriff’s Office Lt. Derrick Reifenrath said the owner of the VRBO was tracked down and the South Dakota Wildland Fire Office talked to the owner. There has not been an issue since, he said.
“This is a difficult situation for us to be in because you have a new person who comes in every night, they come into the area—they should check on regulations—but when owners don’t put anything out, it’s just ‘here’s your fire ring,’ you’re gong to have people who have a fire,” Reifenrath said. “I don’t know what the overall answer is, but we’re going to keep going on a case-by-case basis to track down the owner of the properties.”
Esser said there is work being done on a chart that would be put on the county’s website and distributed around so people know what is and is not allowed.
In other news from the April 22 meeting, the commission:
• Approved beginning the process of allowing the Dewey area to be included in the coverage area of the Edgemont Fire Protection District.
• Denied a request from residents of Lakota View Lane to have the county’s highway department provide road maintenance on that road, which is off Hwy. 40 near the Pennington County Line.
Commissioner Mike Busskohl said the road was nothing more than a subdivision driveway that is not up to county specifications and is a dead end road.
“If we were to take it on we would have to double the size of the county highway department because everybody would want it,” commissioner Mike Linde said.
• Learned from Esser the county and city were approved for Federal Emergency Agency funding to help with expenses incurred from damage from the Dec. 18, 2025 wind storm.