UPDATE: Here is the SD Supreme Court case City Attorney Loop-Hole Dave is referencing in the meeting: (DOC:Hanson v MINNEHAHA COUNTY 2014 26859 ).
As far as I am concerned, it doesn’t apply. Commissioner Dick Kelly actually went and toured a facility on his own (whether it was in official capacity or not), the distinction here is that Kelly didn’t tour the facility in a public forum, in other words, the public wasn’t invited on this tour, he acted alone. The packet that Med-Star was trying to give to the city councilors was originally presented during their appeal, which was a very public meeting at Carnegie (even though Dave told the councilors NOT to attend).
Not sure when the city attorney came to his senses, but as I understand it, the packet information was emailed to councilors yesterday.
To say last night’s City Council meeting was a little strange is an understatement. It all gets started with the attorney of Med-Star Ambulance and the owner of the company leaving a ‘packet’ for the councilors to read.
The attorney of Med-Star accuses the city of breaking state law by allowing a monopoly within it’s boundaries. Basically the city’s health director is recommending another ambulance provider for the city, but they have a stipulation in the contract that a competing ambulance service cannot do ‘non-emergency’ transfers within the city. Med-Star’s attorney says that is the sticking point. They also have complaints about the process in which a competitor was chosen, but what is more interesting is what the city attorney is telling councilors about their involvement with the process. Basically the Health Director of the city chose the winner of the contract and will recommend to the city council.
As for the packet, the city attorney is advising councilors they should not read it because according to an October 2014 Supreme Court ruling if the council is making a ‘judicial’ decision on a contract, like ambulance service, they can only be addressed by the competitors in a public meeting or forum.
Councilor Anderson brings up the fact that when councilors wanted to attend the public forum when the selection process was happening the city attorney told them not to. So which is loop-hole Dave? They can only gather information at a public forum that you tell them not to attend?
Councilor Staggers shared his frustration about how they are getting NO information before they have to vote on the resolution, and anytime they ask about it, they are told not to participate. Heck after the meeting, councilor Rolfing reprimanded Staggers for trying to talk to Med-Star’s owner.
I guess the city attorney’s mission is to make sure the city council is as less informed as possible before they vote on the resolution, and he is getting assistance from fellow councilors.
The city clerk though is ‘storing’ the packets until loop-hole Dave figures out what they can do with them.
There was also entertaining public testimony about taking your family Christmas pictures in front of the red dumpsters at Arrowhead Park. I’ll have video on that eventually.