GUEST POST • City of Sioux Falls – Discrimination • by Daniel R. Daily

Most of us agree that discrimination is hardly an issue in Sioux Falls.  Varied races and religions live in harmony disbursed within city limits.  We accept less privileged transplanted foreigners into our culture.  Sexual preference may be noticed but there’s acceptance.

City employees are the prejudice exception.  They get privileges citizens do not.  Their benefits package is far better than citizens (including state or federal workers).  They have the best health care (including dental) and retirement package.  They get all paid holidays and 6 weeks annual vacation.  There’s credit, financial, and legal help.  They get educational assistance.  It’s very obvious they hardly work 30 hours per week with numerous day breaks and long lunch hours.  They’re protected by strong civil service unions.  Their fat kids play while our athletic children are benched.

City employees are at the root of neighborhoods.  We are stepford citizens.  Speak against the city, you’ll be shut off.  Right or wrong, what they or the city says is both law and gospel.  Smile and give a glassy look so they can’t tell what you’re actually thinking.  Clearly, city insiders have the power when 3 of 6 mayoral candidates are on the council.  The other 3, strategic so the election doesn’t appear rigged.

We’ve accepted indenture.  It happened as a result of Home Rule-Strong Mayor.  We’ll live and work in Sioux Falls until there’s more and better jobs in surrounding communities.  One thing is not acceptable, city civil procedures.  City employees have access to democracy.  Citizens do not.  City politicians and civil service godfathers give themselves and city employees constitutional rights guaranteed by state and federal law via City Code Section 30 or informal ‘wink-wink exception’.

City vs. Citizen Civil Procedures:  No independent hearing examiner (not true before but private attorneys will not take city business for fear of ethics disbarment).  The city is accuser and judge.  No right to present evidence or call witnesses.  You must testify against yourself.  No cross exam of city witnesses.  No acceptable hearing record (file and/or recording).  No appeal.  No, before you ask.

It’s a mayor’s tyranny and dictatorial rule.  Democracy wasn’t threatened, it was destroyed.  Until this gets class status in state court, the best action is an organized resistance to include civil disobedience.

Civil Disobedience Method 1:  City Code 2-66 once stated appeal into circuit court but (2006) reads judicial review.  No appeals, citizen or city (for payment).  Citations, tickets, fines, fees, and assessments post 2006 can be contested and (if paid) refunded.  The city deployed unconstitutional illegal procedures.

Civil Disobedience Method 2:  A complaint against a city employee is an incident report form from Human Resources.  The city attorney intercepts these.  Deliver them direct to the civil service commission asking for a 4 member hearing with court reporter.  If no employee name, write in ‘Code Enforcer’.  With enough reports/hearings, the city becomes overwhelmed.  Activity abusing citizen neighbors stalls.

Equal rights must be guaranteed to both citizens and city personnel.  We must all be Home Rule enslaved seeking state intervention or we all have the same constitutional rights.  City employees are also citizens and not entitled to a preferential double standard.  Rip off taxpayers but we must all be free.

Note: Daily has a case against the city on the constitutionality of code enforcement. Closing arguments were heard over 5 months ago, still no verdict from Judge Caldwell. Wonder why?