I’m glad to see the media is staying on top of this story, and the longer they hammer at it the more likely someone will eventually crack. When I first posted about the possible termination of Debra Owen on Wednesday morning I guess it prompted an internal memo to councilors as to who ‘leaked’ the info to me. Like I have said in the past, I spoke with no city councilor about the topic. Managing editor of the Argus Leader, Patrick Lalley peaked my interest on Tuesday afternoon when he began to question Ellis about a personnel matter with the city, and a ‘high ranking’ department head’s employment was in question during their ‘100 Eyes‘ show. I sent out a few emails and put 2 & 2 together. Like I have said in the past, city government is very predictable, and they think that citizen advocates are too naive to figure stuff out. Give me a break, I have followed city government long enough to know where there is smoke, there is fire. As for the legal aspects it seems instead being worried about what a certain blogger may or may not know maybe they should be worried about following the letter of the law;

A First Amendment lawyer questions the use of police and whether the executive session that led to the firing was conducted within the bounds of state law. South Dakota does not allow municipalities to (terminate) public employees without naming them, said Jon Arneson, who represents several media outlets in the state.

Owen’s name was not listed on the agenda or revealed in an open meeting. When the council came out of executive session Wednesday evening to vote, they called it only an official action. Owen confirmed her firing on the town hall steps after the meeting.

“This was a ghastly, grotesque violation of public rights,” Arneson said. “They’ve essentially done nothing in public … if it hadn’t been for an active media, they could have buried this whole thing.”

And what has all of this cover up accomplished? A very suspicious public.

Arneson doesn’t think city officials had the best interests of Owen or the building in mind when they chose to send the media out.

“It was just one more way to keep this from the public,” he said.

Had the council discussed media management during a closed executive session, Arneson said, that would be separate problem.

“You show me where under the open meetings law you’re allowed to do that?”

It’s time the new administration and council polish up their knowledge of the laws, unfortunately they fired the person who could have helped them do that. There is always the city attorney of course . . . BAHAHAHAHAHA!

“When Debra Owen walked out that door, we lost our checks and balances for the council,” said Councilor Vernon Brown, who voted against the termination.

Bob Litz to the rescue?

Minnehaha County Auditor Bob Litz, a former city councilor, has offered to assist in the November election if needed.

“If the City Council or the administration needs our help down here, you bet we would do whatever we can legally be able to do,” he said.

Um. No thanks.

I think Vern ‘The Velvet Hammer’ Brown said it best;

Brown believes the former clerk will land on her feet.

“Debra Owen is smart class-act woman,” he said. “It’s sad for the city of Sioux Falls that we lost that knowledge.”

30 Thoughts on “Legal questions arise over city clerk’s termination

  1. Here is part of a comment I left on Holsen’s site you may enjoy:

    Oh, it is easy to speculate. Who knows what she did, doesn’t matter until we hear it from the horse’s mouth, which we eventually will. One thing is clear, from a person who attended the closed sessions told me, “She did nothing illegal, by my account.” which is a relief. I would hate for Owen’s outstanding tenure as City Clerk to be tarnished by that. So she broke a few rules when it comes to protocol? Who cares? I wore a hat to a city council meeting and Rex Rolfing had a cow. These are the kinda people who vote to fire talented employees over itty-bitty sh*t. My assumption is they felt threatened by her knowledge. Kinda sucks when a smart woman shows up to your sausage party and makes you look like a Vienna weiner.

    But the real reason I am here is to ask Jen a question,

    As HR director was it common or uncommon for an employee not being able to defend themself in a hearing like this? If they felt Owen did something wrong, fine, have a hearing by all means, but why wasn’t she able to defend herself? As someone said to me the other day, “The city isn’t known for due process.” It seems to me that Debra was denied this.

    Inquiring minds want to know.

  2. I’m going to take a SWAG here and say the firing of Deborah revolves around this issue.

    http://www.siouxfalls.org/~/media/documents/city_clerk/2011/spec_election/Res__66_11.ashx

    Resolution 66-11 has only two signatures at the bottom. Their heads butted over the wording, and mikey took his bat and went home. And with him he now has 5 council members who bow at his altar.

    I have come to trust Greg Jamison, Kenny Anderson, and to some degree, Vernon Brown. The fact that these three stood there ground speaks volumes for me.

    As for these dates? Circle ’em.

    http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=280442

    http://www.ourcampaigns.com/ContainerDetail.html?ContainerID=145422
    http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=280780
    http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=280451
    http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=280437
    http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=280442

  3. The most important date of all?

    04/08/2014

    Huether, Entenman, Rolfing, Erpenbach, and Aguilar all get the boot with the same conviction they used for Deborah Owen. Only this time, not the cowardly way….behind closed doors. TRANSPARENCY? My Ass!

  4. I was in the Council chambers when the vote to terminate the City Clerk happened.

    My impression….

    It was the culmination of a long-term witch-hunt.

  5. And now they have on Monday’s agenda the resolutions that allow the Mayor to hire both the A&D team and the Contractor to build the EC.

    Looks like the election will be merely a glorified poll and it also looks like the Council and Mayor are ready to move forward regardless of what the public says.

  6. I saw that too. Interesting they are hiring these people before the public has spoke. Details, schmetails.

  7. So how do we fix the debacle that is City Government in Sioux Falls? I’m glad to see that this issue is getting the attention and discussion it deserves, but I’m not seeing a lot of solutions bandied about besides “vote out all the BAD PEOPLE.” I don’t claim to have a solution either – it just seems to me that the problem goes is systemic, and goes beyond the politicians.

    I know l3wis thinks we should tear up the City Charter and start over, but I’m interested in hearing what he (or anybody) thinks about specific changes that could fix the system. Should we have a Mayor appointed by the Council, rather than popularly elected? A City Manager? I am genuinely interested in hearing what people think about this, and what mechanisms (if any) are available under the current system to implement them.

  8. skybluesky on September 16, 2011 at 12:56 pm said:

    City Manager form of government would remove the politics from everyday decision making and place it in the hands of an educated professional manager. Obvious bias on my part. Everyone that is upset about Mike’s handling of his position lately might agree with this fact of City Manager government…it basically makes the Mayor a figurehead…much like the Queen of England.

  9. Based on what’s been mentioned on the blogs, I’m assuming Karsky was the swing vote? Any thoughts on his involvement?

  10. What involvement? He does what Jim Entenman does. Real brilliant thinking here. There is a reason he couldn’t get a seat on his own and now we’re seeing why. How many meetings or education sessions has he had in his district regarding the EC? Don’t you think that might be important since that is your district? Oh – I forgot – he has already decided this is a good idea hence his constituency in his district will follow? Heads up Mr Karsky – you were not elected to this seat hence in my mind – you have earned nothing. Do your flippin job and quite being a puppet.

    This council is way in over its head and they proved that this week. I have lost all trust in this administration and council.

  11. @South DaCola, I posted a response to you on Jennifer’s Musings but here it is for your site as well. Civil service employees are afforded due process rights in any disciplinary action. Twice actually, once when the discipline is actually being meted out and when and if they file a civil service appeal. Debra Owen is an appointive official and not covered by civil service which means she served at the pleasure of the elected body and could be terminated at-will. However, it is interesting to me that she was not afforded the professional courtesy and opportunity to address her accusers. She was available and willing to speak to them from what I was told. They chose not to allow her to speak on her behalf at these executive sessions. I was surprised to learn that and don’t understand why not. Councilors Erpenbach and Aguilar conducted the investigation and called for the special meeting to discuss their findings with the entire council. In my opinion, she should have been afforded the opportunity to speak before the city council before they fired her.

  12. Will any one show up to question Huether at the Whisky Chop tomorrow?

  13. Scumbag Steve on September 16, 2011 at 3:04 pm said:

    Karsky’s offered nothing since he’s been on the council. He doesn’t add any commentary or discussion, doesn’t question anything.. he’s simply a rubber stamp.

  14. Scumbag Steve on September 16, 2011 at 3:17 pm said:

    Has anyone been down to City Hall yet to pick out your seat or add your input on what color the bathrooms should be painted at the new Events Center?

    This train is headed down the tracks, regardless of November’s outcome, you might as well go down and let them know whether you like the the red padded chairs or the blue ones.

  15. Scumbag Steve on September 16, 2011 at 3:20 pm said:

    When can we get a recall movement started? Anybody heard anything? At the very least, where is the events center opposition group?

    This mayor badly needs to be knocked off his pony.

  16. If nothing else – we make sure the Mayor knows that if the vote is no and he moves forward on the EC anyways – we move forward to have him recalled.

  17. Pathloss on September 16, 2011 at 3:39 pm said:

    With Home Rule, the mayor has all the power. He can overrule the council and (apparently) skip an EC vote. Debra Owen was a barrier. Huether took care of her with yet another unsubstantiated ethics procedure like for Staggers. An ethics complaint can’t be made against Huether and mayoral recall was removed from ordinances pre 2008. How about an emergency budget for a military coup? Huether is unpopular. He’ll need security everywhere he goes for the rest of his term. Especially, at his mafia social club known as the Whisk & Chop.

  18. I think I am getting sick reading all of this. As I said – time for new candidates – and good ones.

  19. Pathloss… I sincerely doubt Huether had anything to do with it. The Council has autonomy and isn’t under his thumb, and even if he pressed the issue (which I’m not sure why he would) they still wouldn’t need to follow through. Three of them showed that to be true in this case.

    Sounds like a few of the councilors felt Owen was supposed to be their puppet, and when she didn’t play along they felt because they were “superior” they needed to put her in her place.

    It seems our newest City Councilors have a lot to learn. This can (and should) come back to bite them.

  20. When the Erp was interviewed on Tv she sure acted like she thought she was superior.

  21. I’m sure that was all it was, a protocol issue, Debra probably made a decision w/o leadership’s approval (Michelle and Sue) and they got all butt hurt over it. The mayor saw an in to drive the stake in even farther.

  22. Pathloss on September 17, 2011 at 12:41 am said:

    Costner. Good point & maybe true. I’ve learned the hard way that the city can’t be trusted. City administration is not known for honesty and integrity. I shall always suspect corruption because its always been the case for my dealings with them.

  23. New councilors are like college sophomores. They think that because they passed one hurdle they’ve got the whole race course figured out. Because of lack of experience, they don’t understand – it doesn’t (and isn’t supposed to) get easier. It gets harder. They haven’t graduated yet – not even half way there.

  24. Over the past two days I have had several convos with former city politicos, former city officials, different legal beagles, etc. There is still a lot of shady people working for the city that were there before Huether. They are helping him tool along.

    Dan, I used to think some of the things you said were kinda crazy, but right now, you seem like the rationale person in the room.

  25. Dan Daily on September 17, 2011 at 11:21 am said:

    Thanks Lewis. Ive toned it down because its so unbelievable and I must so people will listen. Im 30% VA disabled and some is PTSD. They stepped in with meds & counseling. I apologize for the time when I advocated violence. Im networking with vet groups & the Legion. It will be hard for Huether to be reelected. Don’t you think Debra Owen would be a good mayor? Its time for citizen friendly & public service. Elected leaders have made themselves rich from abuse of taxpayer resources.

  26. Dan Daily on September 17, 2011 at 11:48 am said:

    It’s time for a woman mayor. I was impressed with Laurie Gill (Pierre mayor) during flooding. Voters are like sons or husbands. When theyve made a mistake, they call in a special woman for explanation & reparation. Ill join a recall & new election if someone knows how to get it going.

  27. I’ll join anything right now to right this wrong ship. I was raised in a political household my whole life and the I have never had a Mayor or a council cause me more distrust in my life. This Mayor will eventually self-distruct because of his ego etc, but what will he sign us up for before that?

  28. Alice – Dems or Republican house? Or Indy? Just curious.

    I think there is several interesting opportunities here for Debra. Her husband, David Owen, is head of the SD Chamber of Commerce. She can pretty much freelance as anything, especially with a law degree and a deep knowledge of city government.

    I guess Huether called Belfrage’s show (yesterday?) and apologized for getting involved. Easy to do, after the fact I guess?

  29. I think people are aiming at the bull without understanding the beaver is the one cutting down all the trees.

    If you want to recall someone, it should start with a few city councilors. I know Huether takes all the heat, but I really don’t think he was driving this ship when it ran into the iceberg.

    Either way it won’t matter. I hate to sound pessimistic, but when only about 15% of your city can even name five councilors, and when ever fewer people have any idea what has went down with Owen a recall won’t get very far.

    The most logical respons is to run for office. Owen can run for a council seat or she can run for Mayor. If she is really as motivated and bright as we are led to believe, it should be right up her alley. On the other hand, she might realize that law degree could do a lot more good for her and her family in the private sector away from the petty back-stabbing that occurs within the council.

  30. “On the other hand, she might realize that law degree could do a lot more good for her and her family in the private sector away from the petty back-stabbing that occurs within the council.”

    Don’t think she doesn’t know that. But some people are called to public service.

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