2011

Legal questions arise over city clerk’s termination

l3wis September 16, 2011 30Comments

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.”