UPDATE: Did you read the last part of the story the same way I did? TJ TypeOver and Greco admit that these rules they are trying to apply to the petition have to be voted on yet by the citizens. Huh? How do you enforce rules that haven’t been ratified by the citizens yet in a legal election? Hey, Kooistra, I may not have a law degree, but last I checked an ‘Opinion’ is just an ‘Opinion.’
Isn’t it funny how these things work? Two weeks after the city clerk and city attorney gave the green light on ‘Triple Check the Charter’ they now are trying to change the rules of the game. It reminds of something we used to call ‘Family Monopoly Rules’. Depending on what family’s house you were playing at, they had their own set of rules.
It is pretty obvious they are trying to create doubt around whether the drive is legal. We allowed the unqualified/uncertified city clerk pull this crap in 2016, and we already know the games all to well. Many city officials know that if this gets on the ballot, it will pass.
PRESS RELEASE
City of Sioux Falls administrative staff have determined the Home Rule Charter as adopted 25 years ago is unconstitutional, as adopted.
“We have received an opinion from the city officials, who are duty bound to defend the charter, deciding they have the ability to reject sections of the Charter they do not agree with. This has never been done before, this is a gamechanger.†Committee member Bruce Danielson said “City support staff have opined new rules for our petitioning as if they have the power to rewrite state law, home rule charter and South Dakota Constitution.â€
The staff’s procedural changes were emailed to the committee almost two weeks after the petition drive had started and signatures were being collected. “How can the staffers require a whole new set of rules after the process starts?†said Danielson “The organization is working with outside experts seeking guidance to find solutions to save the Sioux Falls home rule charter as written and adopted by the citizens of Sioux Falls.â€
“We are continuing the legal collection of signatures based on State of South Dakota established processes due to no ordinances were adopted defining or governing this process.†added Danielson.
BACKGROUND
Triple Check the Charter’s organizing committee of 15 received a notice letter via email from Sioux Falls City Clerk Tom Greco at 4:15pm on Friday, August 16, 2019.
As required by Sioux Falls Home Rule Charter an affidavit of 15 duly registered Sioux Falls voters was filed on August 5th, 2019 informing the City of Sioux Falls the organization was formed to amend the Home Rule Charter through a petition process. The group, Triple Check the Charter, is offering to the voters of the City of Sioux Falls the ability redefine the duties and responsibilities of the City Council.
In the letter, Clerk Greco, with the assistance of City Attorney Stacy Kooistra have determined to rewrite South Dakota and city of Sioux Falls election laws and procedures:
- who may circulate a charter amendment petition and
2. the number of registered voters required to sign for a signature to be deemed sufficient.
Bruce Danielson