South DaCola

Sioux Falls Board of Ethics, April 25, 2019

2019-04-17  De Minimis, Nominal or Diminutive what's the ethics price?

Surprise, surprise Sioux Falls government ethics is in question. The Sioux Falls Board of Ethics was asked what should have been a simple question by City Councilor Theresa Stehly on April 25, 2019.

Can a developer, who is planning a major downtown project where they will be pitching a $24 million tax break, host a food and booze event without an ethics violation being levied against the invited city officials?

Anything can be can be questioned if it has de Minimis or nominal value. Even if there is no minimum or maximum value, if there is no minimum or maximum time period, it can be an ethical conflict. If dots can be shown or perceived or the optics can make it look bad, it is an ethical conflict. These have been the rulings in two previous decisions of the Board of Ethics.

What we learned in this meeting, apparently this does not apply to City Council or department staff if a developer wants to wine and dine the right people.

This was a preemptive advisory request by Stehly, not a post event ethics violation she was asking the Board to rule on.

The Board decided, since there is no “crime” yet, there was nothing they could do to preemptively advise the people in their jurisdiction to not attend the heavy food and alcoholic drink event designed to soften the $24 million TIF request.

The previous ruling requests were preemptive in nature, so was this one. Explain this to the cops and librarians, how South Dakota has only ethics laws affecting them (kind of).

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