The clerk’s office finally got the document loaded to the internets. I am assuming they gotta a lot of phone calls after the story hit the paper. I cut and pasted this out of the PDF to be more readable (I eliminated the dates of contribution, the state and zipcodes).
I finally have read the AGÂ Tellinghuisen’s opinion (opin-ag) In the second question he clearly addresses the use of taxpayer money to promote one side of the issue. He clearly states that the city is responsible for showing the pros and cons of the Events Center. The city is not doing that. So I’m curious as to what our city attorney is talking about? I think he needs to reread the opinion.
QUESTION NOÂ 2.
“Can a municipality, county, or school district expend public funds to provide information as to the impact of an election measure on the respective entity?”
On the other hand, the use of the public funds by local governments solely for purposes of informing or educating the voters on an election issue may be proper depending on the circumstances.
Expenditures to provide the voters with the relevant facts and pros and cons of a ballot measure have never been considered constitutionally objectionable and case authorities suggest that authority for such expenditures need not be expressly provided. Citizens to Protect Pub. Funds, supra at 676; Stern v. Kramersky, supra. The authority may be fairly implied from powers expressly granted.
Whether such expenditures are impliedly authorized requires close review of the initiated or referred measure and a review of those powers expressly granted under statute. The expenditures would have to be judged on an individual, case-by-case basis. Certainly, local governments may not expend public funds to provide information on all election issues, however, if passage or rejection of the ballot measure would significantly affect the ability of the municipality, county, or school district to carry out its express powers, the use of public funds for strictly informational purposes may be authorized.
Assuming that the use of public funds for such purpose is authorized, to avoid any claim of misappropriation the governing board involved must be careful to ensure that the published information constitutes a fair presentation of the relevant facts on both sides of the election issue. Along such lines, it would not be sufficient to merely refrain from exhorting a yes or no vote. Other language or statements prepared and designed to influence public opinion would also be improper. Any determination of the propriety or impropriety of the publication and ultimately the expenditure would turn on a consideration of various factors, including the style and tenor as well as the timing of the publication. Stanson v. Mott, supra at 12.
Respectfully submitted,
Roger A. Tellinghuisen • Attorney General
The campaign group behind a new events center raised more than $153,000 in the past month, and Build It Now’s campaign manager said its efforts will intensify next week.
“The past three weeks have been a blur,” Mike Knuth said. “We are knee-deep right now in cutting commercials.“
Well, he is right on one thing, we are knee-deep in something, but it isn’t commercials. People in Sioux Falls pay attention to prudence, especially in this economy. And I know Mayor Huether likes to use that word to sell his policies, but it seems the only one’s buying are the ones that can afford to influence the vote;
First Premier Bank contributed $50,000, while Sanford Health matched that amount. First National Bank donated $20,000. The largest donation from an individual came from Dana Dykhouse, the president and CEO of First Premier Bank.
So basically Denny Sanford has money to spend on marketing this boondoggle, just no money to dedicate to the building once it is built. And what does it mean when hospitals are donating money to entertainment facilities? Doesn’t healthcare cost enough already? And lastly, Dana Dykhouse’s donation cracks me up. Dana had plenty of opportunities in the last task force to bring his opinion to the table, but hardly even showed up, but when he did, he pouted and took his ball and went home. So I see Dana is taking the safe approach this time and just cutting a check and letting the professionals handle the ‘Vision’ campaign.
THE GOOD NEWS;
WASHINGTON – Former Alaska Gov. Sarah Palin said Wednesday she will not run for president, leaving little doubt that the eventual Republican nominee will come from the current field of contenders.
THE BAD NEWS;
SAN FRANCISCO – Steve Jobs, the innovative co-founder of Apple who transformed personal use of technology as well as entire industries with products such as the iPod, iPad, iPhone, Macintosh computer and the iTunes music store, has died.
Steve was a genius, and I don’t care what you think about Microsoft, I have worked in both operating systems as a graphic designer for 18 years and I wouldn’t trade my MAC for twenty PC’s. Besides the operating system, they are truly a better made product. And if I can give Steve credit for anything, it is that quality about a MAC that I have loved the most.
This was the handout from the meeting. I was interviewed by KDLT again, and told them that the hotel space and airport concern me.
l3wis