Okay, now that I have your attention, I don’t think he is, but he does think highly of himself.
Great Hair.
He came to speak at Democratic Forum today, and I did enjoy his opening joke (sorry no audio or visual, so I scratched this down from memory). After explaining what the Planning Department does, Jeff says this;
“I’m not a member of the city council, because I actually do something.”
He certainly believes that the Planning Department has a lot of power, and they do, if they don’t have checks and balances, and maybe that is what his joke was about, his department is unchecked by the city’s legislative branch.
So I decided to question Jeff about this, I mentioned to him at the mayor’s last Shut up and Listen session that the mayor said there was ‘nothing’ the city could do to limit zoning of car lots because he believes in free enterprise, so I said to Jeff,
“Just because the planning department and planning commission recommend something and vote for it doesn’t mean the city council has to approve it?”
He of course talked about how the planning department and commission must follow zoning laws, etc, and I nodded in agreement, he eluded that if the city council ‘doesn’t like someone’ they can vote against them or follow recommendations. (which is funny, because the department and commission have voted against several entities that they didn’t care for politically that were well within their legal rights)
So I followed up and said, “But the council has the power as elected officials to vote against a re-zone?” and Jeff said, “Yes.”
I found the exchange interesting, because while I knew the answer, I was surprised, first off, that Jeff answered it honestly. But what took me back more is that Jeff doesn’t understand the importance of elected officials versus appointed public employees. Our city council is our check against the mayor’s administration and public employees. And while everything is well and good on paper at city hall, the public may not want a freaking disgusting car lot fly by night operation next to them, and that is the power of our city’s legislative branch to say NO, and they have that power, and they should exercise it, because as Jeff says, they need something to do.
And the public may not want a freaking disgusting superstore fly all night operation next to residential homes, either. (Sorry couldn’t resist copying that.)
One thing he should do is prevent city leaders from harassing citizens with unjustified citations and code enforcer threats. There’s no method to stop this and there should be.
It’s been proven in court the city can’t enforce ordinances because there’s no constitutional appeals process. It’s why there’s cars for sale on unofficial car lots. There’s half a dozen along Marion Road. I (personally) encourage more because the city may eventually adapt ordinances allowing for reprisals.
Three branches of government
1. Legislative – Job = CREATE the laws (City Council)
2. Administrative – Job = APPLY and EXECUTE the laws created by the legislature (Planning Department is a small part of this)
3. JUDICIAL – Job = RESOLVE CONFLICTS between citizens, and between the two other branches of government.
The legislative branch is NOT an “overseer” of the administrative branch through any means other to creating or CHANGING the laws.
You seem to have an inclination to want the legislative branch (the council) to behave as if it were the judicial branch, or perhaps in a supervisory (administrative function) capacity. That’s not their job.
I remember in 2010 or so when the landscape garden was being prepped for more residential and plans submitted the plat changed from one day to next day being industrial to allow a memory center alias nursing home. Mmm asked how can this be done. Schmitt said it was a loop hole and allowed. Thus started the downward spiral of mistrust and of course word play and citizens viewed persona non grata to our mayor and his planners of bs. Look at what they have tried to do along 85th. Filling pockets of mmm and broin with dumb re zones and no consideration of the public I hope schmitt is packed on mmms uhaul to the mars too
Ruf, if it is not the job of the city council to be a check against the Planning Department and Mayor, then why do zoning items get brought before them for a vote?
It is the duty of the legislative branch to keep the other two branches in check. The legislative branches responsibility is to investigate how the others are preforming their functions. This is the very reason the Congress can investigate, impeach and prosecute those who break process.
We must help our elected officials understand their important responsibilities to protect the Constitutions and Charters for us. The Jeffery Schmidt type employees and the mayor are not above investigation. We by and large have a very lazy city council performing only basic functions.
We have a government of play along for scraps of the leftover pie. This attitude will not be erased until there are real discussions and investigations.
The recent police shooting is a prime example of hiding the process from the people. The police department is hiding behind faux walls of obfuscation just as MMM and his administration does on a regular basis.
The Council must set up an investigative committee for the citizens to present questions requiring answers. Our Most Transparent Mayor ever would be required to appear to answer the questions.
Charter – Internal investigations are not done in the public arena; nor should they be.
Bill the city of Sioux Falls does not have a real process for investigation. Try to file a complaint and find out. Out council is compliant to the needs of the administration. There is no ethics process only a system of slap down the little guys if they complain.
So I ask all to look for a way to start an official investigation with subpoena power to force the administration to produce documents and punish offenders.
DL – Because that’s the way the council wrote the ordinance. 🙂
Charter – it is still the duty of the council to create the laws. That can include their creation of laws that require them to investigate – or prohibit them from doing so, or require someone else to, etc. They make the rules.
Everyone in city government – including the council itself – are required to follow those rules. (see the blurb above on changing the screening rules).
Ruf- As I have pointed out in the past to Jeff, the council has voted against the recommendation of the Planning Commission (ex: Market Walmart next to SF Christian) and they have the power to do so. Seems kind of silly to have the council vote on zoning if they are just expected to vote YES. In fact councilors vote against re-zoning quite a bit, they may not be in the majority, but they do it.
So as I said, what is the point of them voting if they are just supposed to approve?