It now is no secret that Mayor Huether is ramping up code violations, not only on complaint basis but it seems proactively. He has pronounced it himself in the media and city employees and private citizens said they have seen the effects already. But won’t this all backfire on him and the city financially if they don’t fix the code enforcement mess?
I wrote a negative red-light camera letter to the Argus Leader almost four years ago. Former Sioux Falls Mayor Dave Munson sent a tough-guy code enforcer on a vendetta against me. It took four citations, four city hearings, four years of litigation, four circuit court dates and $40,000 in legal expenses to exonerate myself. In the process, I showed home rule charter is not democracy.
Mr. Daily sent me the original – unedited version of the letter . . . oh the Gargoyle Leader and their editing pen.
Traffic Camera Case
I wrote a negative traffic camera letter to the Argus some 4 years ago. Munson sent out the tough guy code enforcer vendetta. It took 4 citations, 4 city hearings, 4 years of litigation, 4 circuit court dates, and $40,000 in legal expense to exonerate myself. In the process, I showed Home Rule Charter is not democracy. Present city procedure ignores the South Dakota Civil Procedures Act and 2 amendments to the U.S. Constitution.
For the camera case, Circuit Court interpreted and applied the law. The class should be compensated for illegal citations and litigation. There should be punitive damages. My situation (above) was 4’s and I suggest a $4 million judgment.  The city plans 10 more cameras. This case should first go into state court to answer constitutional questions and evaluate city civil procedures. The assistant city attorney has violated citizen’s rights in city hearings and obstructed justice in circuit court cases. He represented an unfounded and improperly noticed ethics complaint against a city councilor in order to influence an election. There should be a state Supreme Court ethics hearing and reprimand. The city turned off the camera and, after ignoring 3 prior court orders, finally complied with one.
If the mayor will not repeal home rule or if state court doesn’t revoke it, I suggest a new mayor and term expired council members in 2014 who advocate:
‘REPEAL HOME RULE, RETURN TO CONSTITUTIONAL DEMOCRACY’.
Munson oligarchy became tyranny then a full blown dictatorship. The mayor makes all decisions such as policy, budget, tax increases, and non-competitive bidding. The city council has become puppets meant to mimic democracy. At one time, during Munson, Home Rule Charter could have been amended into a viable concept. Considering misapplications and citizen torment, it should now be abandoned. Then, city administration can be welcomed back. If they apply and can answer a few constitutional questions, they can be reinstated as U.S. citizens.
Daniel R. Daily, Citizen and Constitutional Plaintiff
The city has been unconstitutional civil procedures from 2006 to the present. If you have a citation, join the court class seeking refunds. If you have a camera ticket, check in with the court class because your’e due your money back and then some.
Otherwise, ignore any city civil actions. They must prove to the court they comply with state and federal constitutions. It will take a court case to prove they do.
I had some conversations yesterday with a couple of people who have had recent visits from these clowns. This is going to backfire on Their Man Mike.
The letter in the Argus is already #4 of 36,300,000 hits for Google search ‘Home Rule Charter City’. I’ve networked with other regions on the web and suspected Sioux Falls would stand out. This is the kind of recognition Munson and Tornow deserve but Huether doesn’t need.
don’t forget, mike has talked with thousands of folks, and they all tell him this is what they want him to do.
Ha!
Yeah, everybody LOVES watching their neighbors getting busted, but once they do then it is not okay.
Citizens refuse to admit that democracy has been sacrificed. The mayor has complete control. He can’t help but become corrupt. Yes, he makes $100K per year but then there’s another $250K side income from favors and contract kickbacks. If one citizen can be attacked without due process, anyone can be and there doesn’t have to be an offense.
I added this comment;
GOODES wrote:
Let’s clarify some stuff for all of you pinheads;
Dan sued the city over ‘CODE ENFORCEMENT’ not ‘REDLIGHT CAMERAS’ that was I.L Weiderman, not Dan.
Dan won, handily, because the constitution affords us due process, facing your accuser, (even murderers get this right) the city’s half-as s administrative appeals process does not.
Dan is a Vietnam Vet who suffers from his injuries of war to this day, he believes in constitutional rights, like due process, the right to bear arms and freedom of speech (in which you all practice here).
Get your facts straight! Dan did this for you, not for him, the same way he dodged bullets in Vietnam. He is a true patriot, not some weirdo from Alaska who spouts bologna from her moose drool face.
Get with the program. This is about your rights, not a right turn on red.
Munson tried to curb free speech when he sent the city goon on a tough guy mission.
Incidently, the city code enforcer is a questionably dismissed Highway Patrol Officer. He had extensive training in due process procedures. He knew not to issue multiple citations (double jeopardy) and a defendant must face their accuser. Munson, the city attorney, and 3 directors are gone but he still works at the city. Civil service has power, he nor Tornow will be fired. There’s been complaint attempts but (2009) the city no longer hears them.
Daily vs. City of SF #08-2478 was not the camera case. It was a sooner verdict that helped them win because it proved city procedures are unconstitutional.
The city is inert. Everything from Huether’s mouth means nothing until the city changes ordinances and allows court appeals.