I hate to say it, but even with appeals, we probably don’t have a very good chance of seeing the settlement;
Argus Leader Media president Bill Albrecht wouldn’t rule out an appeal of Pekas’ decision, which he called disappointing while remaining steadfast that open record laws were violated when the city denied Argus Leader Media’s record request.
“We believe the public has the right to know what caused this million dollar transaction. It is a million dollars. Regardless if it is money spent by the city government, or money received by the city government, it is the public’s money and public needs – and has the right to know – the details,†Albrecht said. “The confidentially agreement was made outside of a lawsuit which does not garner it protection based on our interpretation of the statute.”
South Dakota Newspaper Association president Jeremy Waltner said regardless of the ruling, the city’s insistence that settlement details remain seals only keeps the door open to perceptions of impropriety among those involved in the event center construction, including the city government. Furthermore, Pekas ruling essentially says any government entity can contract through secrecy, he said.
“Whether it’s legal or not legal … all of that legal speak aside, the city should release the information. They should not hide behind this because all it’s doing is raising more questions,” Waltner said.
I think even if the Supreme Court were to rule in favor of the Argus, we could see a long challenge from the city. Not only that, there could be a significant white washing before the documents are handed over. Also, key players like city attorney Fiddle Faddle and Mayor Huether will be long gone.
I really think the Argus and the rest of the media in Sioux Falls missed the boat a long time ago when this was first brought to light (the siding issue) and when the consultant’s report hit the shredder. I think that report NOT being released was really the most damaging part of this whole deal. I think it was the key piece of evidence that the siding job was a pure sh*t show from the beginning.
Here is what we have speculated through this process from talking to contractors and engineers close to the project;
The original design was not used. If you look at early architectural drawings (above image), there were supposed to be large flat rectangular panels applied (about 8 x 16 Foot) giving the building an almost hexagonal look, and avoiding any unneeded bending of metal. It was dumped to save money. Several numbers have been thrown out there, anywhere from $1.5-3 million was saved. But saved for what? The rumor is to repair ‘other’ constingency problems in the building.
A couple of contractors who worked on the EC but did NOT apply the siding were pulled into the lawsuit. This is a real mystery to everyone, even the contractors. While there may have been some issues with the work they were doing in other parts of the building, they had nothing to do with the siding. Some may say it was punishment for agreeing to NOT do the work.
This isn’t cosmetic, something I think they are also covering up. It doesn’t take an engineer to tell you something has major holes in it. Just walk up to the building and see for yourself.
We think the consultant’s report was FULL of recommendations on how to fix the siding, but we also think once a price tag was put on the fix, they bailed.
The one million dollar settlement WAS NOT cash or transferred monies, it was a discount from Mortenson on the building. It would be like purchasing a $25 steak that was cooked wrong and the restaurant giving you a $26 coupon.
The irony is, even if all the speculation is correct, if the city was just honest from the beginning, I think most people would have forgiven and forgotten about the siding. But you know what they say about how many lies it takes to cover one lie.
The ruling makes no sense whatsoever. It was a contract to build a public facility using public funds. We’re not talking about a matter of national security, personnel matters, or releasing of patented intellectual property where the information should be withheld, it should be open to the public.
Another reason judges shouldn’t just be voted into their positions.
were the council members allowed to see the settlement?
the council has been kept in the dark hole like us. We are not done bringing this corruption to the surface. There will be more from us this summer.
No surprise this utterly-lacking-in-common-sense-ruling comes from a judge on the Second Circuit KANGAROO Court. Pekas is continuing a long tradition of ineptitude & moral bankruptcy on the Second Circuit, as demonstrated by predecessors like Kathy Caldwell, Billy Srstka & Stuie Tiede.
There doesn’t seem to be a way to expose upper eschelon city corruption. Higher government and the courts acknowledge but there’s no repercussion. What Huether pushes is perfect despite inferior implementation. What he fights but happens he takes credit for. This is a God who paints Jesus on snow plows.
I read the decision like Pekas was telling the Argus to appeal to the Supreme Court if they wanted a real judgement. Weird.
The Supreme Court is just another insider social club. They render good decisions but there’s no way for them to implement or enforce the law. Lower government ignores them. They can scold but there’s no punishment.
City government is not organized crime. It’s more criminal and exempt. Perhaps the Argus recognizes this. What’s especially troubling is there’s no way to amend and restore transparency and democracy. The real impact of Home Rule Charter is revealed. How can we get back constitutional guarantees without revolt?
Lenny Bruce once said, “In the halls of justice, the only justice is in the halls.” Seems fitting.