2020

Sioux Falls City Council Agenda, Sept 15, 2020

City Council Informational, 4 PM

It looks like they just have open discussion and public input followed by an executive session.

City Council Regular Meeting, 7 PM

Item #7, Approval of Contracts,

Sub Item 3, $40K for a Digital Inclusion Consultant
Agreement for the City to partner with an outside firm to help develop a comprehensive digital inclusion plan. You got me on this one?

Sub Item 26, $225K for the Convention Center to market conventions in the midst of a pandemic, to coordinate marketing of a Fall and Winter
Event Promotion in the City of Sioux Falls. That seems like a good use of taxdollars 🙁

Item #23, Beer and Wine License for West Mall 7. Since the council approved the license for the State Theatre, it will be interesting to see how they vote on this a 2nd time (I guess this item is getting moved to October).

Item #28, 2nd Reading, Property Tax increase. While the council is considering another TIF later in the agenda, they are raising taxes on the rest of us with a down economy and a pandemic raging.

Item #36, 1st Reading, Changes to Committee meetings;

The city council may assign or refer any policy question to a city council committee for its study, consideration, and/or recommendation. A city council committee cannot convene a meeting unless three or more of its members are present. All agendas for the city council committee meetings shall be posted with at least 24 hours’ notice.

Item #37, 1st Reading, Bump Back Ordinance;

Any appointed officer within fire or police or any other appointive officer holding an appointive office on or before December 31, 2015, who at the time of his or her appointment thereto, was in the civil service of the city shall, upon his or her removal from appointive office, be returned to his or her former position and pay as an employee of the city, and the period of his or her tenure as an appointive officer shall be included in his or her civil service rights. This provision does not apply to any appointive officer who has been removed from appointive office for any reason that would warrant a demotion, suspension, or discharge of any employee who is subject to this chapter.

I’m extremely against this. If you can’t make it as an appointed director, a job that you accepted, you should not be REWARDED for your failures by keeping you employed by the city. In the real world it doesn’t work that way. This was attempted by the council once before and failed by a tie vote of the council. I think they have the 6 votes this time around. More coddling of city directors at taxpayer’s expense.

Item #38, Resolution, Budget Adoption. I’m not sure if there will be any amendments to this or not. But it is a ridiculous budget in the face of a downturn in the economy. But hey, we could have saved $100K on the band.

Item #39, Resolution, TIF proposal #23. This is probably one of the most egregious TIF’s I have ever seen, basically open-ended. I am also wondering when they will withdraw TIF #22 since the Sioux Steel project is on hold. Maybe they will just sit on it for over a decade like they did with the land for Lloyd companies to build the Cascade apartments?

Item #40, Resolution,

That the City Council Chair and Vice Chair are hereby authorized to appoint a task force to study and recommend a long-term strategy that fosters a financially sustainable Sioux Falls Municipal Band.

So after 100 years they finally decide to appoint a task force to look into changes for the band?! That’s government hard at work for you!

What did we learn from Sioux Falls City Councilor Neitzert’s Ethics Hearing?

There was certainly a coordinated attack going on Thursday night, but it wasn’t on Greg, it was on Mr. Cunningham, and Councilors Brekke and Starr.

I was able to review some of the 170+ page document that suddenly appeared the night of the hearing (a copy of the document was never given to Mr. Cunningham or his attorney before that night, NOW that’s integrity and ethics folks!). There are some pretty astonishing accusations.

They believe John breached his confidentiality because he told the media after the first complaint was thrown out who and what it was about. But John never talked to the media about the case when he filed his 2nd complaint.

Sure the Argus, my blog and councilor Starr said who it ‘may’ be (because it was pretty damn obvious after the first complaint got thrown out that John would probably refile with the proper ordinance). But John himself never breached the the confidentiality of the second complaint.

This is what has surprised me through this whole thing, Greg knew we would all know it is him after the first one was thrown out, so why hide it from the public? Sure he has that right (which I don’t agree with, because I think complaints against public officials should be public) but how ignorant do you look when 99% of people following the matter already have made the assumption it is Greg. We can argue all day whether what Greg did was unethical or not, but keeping it confidential only prolonged the process and the speculation and actually cost taxpayers well over probably $10K.

There was also some mention in the documents I reviewed that they were going to make an attempt to try to force John to pay the legal fees of the city and Neitzert. I don’t think they can pursue that now since the BOE did determine probable cause to investigate.

But what is most troublesome is the demonization of Starr, Brekke and private citizen John Cunningham, who were all pointing out the obvious, Greg took a trip paid for by a Partisan group. Though Greg denies it’s partisanship, throughout the hearing evidence was presented on the contrary. It was a Republican event. They didn’t invite councilors, commissioners and mayors from the Democratic party. That is what makes it partisan. Greg essentially stood at the podium and lied while pretending to be oblivious of the fact that this WAS a partisan event. To heck with the possible violation itself, he should be punished on the grounds of lying during his hearing. He also attempted to lie about it being a political attack and when asked to present evidence, he stared at his shoes and shuffled paper. I ask the simple question; How is John, Janet and Pat talking about a possible ethics violation a political attack? At no time in the hearing was Greg’s political opponent brought up or evidence that John, Janet and Pat were working with his opponent. And come on folks, we knew Julian was never going to beat Greg. Even if Greg’s supporters felt he did something unethical, like myself and even John said, it wasn’t really a punishable offense, John just simply wanted to set an example so the council would stop doing this and change policy. No political collusion. Sure Pat, Janet and John shared (public) information. But Julian was never included in this threeway, or at least NO evidence was presented. In fact, the only time that I can personally think Julian would have even crossed that path was when one of his supporters helping him with his campaign asked me if it was Greg. And since I saw the email the same time John did I said that it was safe to assume that, or the mayor. I’m not sure if this information was ever passed onto Julian, but if it was, he did nothing about it and in the one and only phone conversation I had with Julian, we never really talked about it.

And here is the other kicker; if Greg’s charges were dismissed because they felt he did nothing wrong, why did his supporters on the council say they need to make policy changes? Why change something that isn’t broken? If Greg didn’t violate a policy, why do you need to fix the policy? Seems a little hypocritical to me? Wait, that’s this council’s middle name.

And the obvious and awful bias the chair of the meeting, Mayor TenHaken, had towards Greg and Greg’s detractors. Paul routinely cut off John, Janet and Pat while letting Greg’s 5 best friends make statements and cut off answers from John before he could finish. His performance that night should be a clear ethics violation.

But one of the other ironic moments was when (I think) councilor Selberg said that he thought this bickering and divisiveness would end after the election (in other words, after Theresa was gone). What they didn’t realize is that they are the ones being divisive and partisan and they are the ones that created all this drama. Remember how Councilor Erractickson used to attack Stehly? Now she has turned those attacks onto Brekke. This is what happens when you have a majority of the council that hates the public’s opinion, hates transparency and were bought and paid for (literally) by the banksters, developers and high rollers in town.

So what did Greg do wrong? First off, not admitting he actually did violate a portion of the ordinance by taking a paid for partisan trip. Greg could have made this go away the second the first complaint was filed by telling the BOE he apologized for the misstep and would work with the council on cleaning up the ordinances on travel policy. I actually believe he would have looked very honorable by doing that.

I also don’t think it deserved punishment. Though now I do think Greg needs to be reprimanded for lying throughout his hearing and making up things up about Janet, Pat and John.

And that’s just it, the violation itself wasn’t the gorilla in the room Thursday night, it was false attacks on Janet, Pat and John and the demonization of a citizen whistle blower for having the courage to file the complaint when he saw something that didn’t look right. Remember, as John mentioned Thursday night, he has a Master’s Degree in Public Administration and worked in the public sector most of his life, if he saw something that didn’t look right, he would be the one to know. The BOE did determine it wasn’t frivolous and changes to policy should be tightened up.

But if there is something we can learn from this is the attacks on private citizens for looking into government corruption needs to end, and ironically that is the real ‘political hit job’ here coming from the very partisans (Republicans) who tried to claim the trip wasn’t partisan. Just another chapter in their sad, pathetic, lying, scheming loser lives. The truth will free you brothers and sisters, I guess they enjoy being chained to the evils of deception, just look at who leads the state and national party.

Sioux Falls City Councilor Neitzert’s ethics complaint dismissed by council 5-2

I knew this was going to happen. Councilors Brekke and Starr voted against it.

To say it was a total 4 1/2 hour sh*t show is an understatement. Greg continued to say it was a political hit job but when questioned about that political hit job to show evidence all he could do is shuffle papers and look down at his feet.

At one point he pretended to not know what ALEC does (you know the shadow right wing group funded by the Koch Brothers who supported this conference). It would be like asking me what the ACLU does and not being able to answer it. It was laughable at best.

I also thought it was funny how Greg was answering the RS5’s questions before they finished asking the questions. Can you say rehearsal?

Even though the complaintant John Cunningham wasn’t provided around a 170 pages of evidence before the hearing he did a fine job of answering questions, and he beat down this was a political hit job. John said it best, “I’m concerned about ethics not politics.”

During my public input I told them right off the bat that I knew they would dismiss so I would go into the huff and puff of the meeting.

• I pointed out the clear conflict of interest and the bias the Mayor had tonight chairing the meeting since he attended the event with Greg. (I did not mention this in testimony, but Greg revealed tonight the former Deputy COS to the mayor TJ Nelson also attended the event with them. Guess who Nelson works for now? Greg’s counsel, Redstone. Hmmmmmmm.)

• I added that it was a partisan event because only Republicans were invited to attend.

• I said Greg didn’t bother to tell the council until he was at the event, I said, “It would be like calling my mom and telling her I was thinking about taking a vacation in Hawaii and when she asked me when, I would respond, I’m here now.” (My mother has a strict policy with me that I tell her in advance before I take long trips).

• Greg has yet to give the council or public a report of what he learned, though he was a chatterbox about it tonight, we still don’t know.

• I also took issue with the term ‘Common Practice’ and that the BOE failed in their duties to point this out but present NO evidence (Even Councilor Soehl brought this up in the final testimony). I said the only other person I can think of in the past 20 years that does this quite frequently is the current mayor.

• I went on to remind them that a city councilor’s email not flagged confidential by the city attorney because of pending litigation is a PUBLIC DOCUMENT and owned by the taxpayers (they tried to claim Starr leaked this document) I also said the same about Brekke pointing out chapters in the charter to citizens. I compared it to John Cunningham asking assistance from a city librarian to find a law book.

• I ended by saying this could have saved everyone a lot of time, capital and heartache if Neitzert would have not made this confidential and just apologized for what he did and reference that the code is vague. That would have proven he has real ethics and integrity, since he said several times during his testimony he ‘did nothing wrong’. Well then why hide behind confidentiality?

Lastly, I just want to say I agreed with Councilor Kiley’s final statement on this tonight, “This whole thing was disgusting.” It sure was. It sure was. It was a classic switcharoo of killing the messenger. And that was disgusting. Greg violated the ordinance and got off. That is disgusting Ricky and you enabled it.

Does Mayor TenHaken’s ‘Conflict’ allow him to chair the ethics hearing?

As you may or may not know, Councilor NitZert, I mean NutZert, I mean Nietzert has his ethics hearing at 6 PM Thursday at Carnegie Hall where he will appear to defend taking money from a third party partisan group for an all expense paid trip to Texas with Mayor TenHaken and a ‘mysterious’ city staffer which is a clear violation of city charter.

While Neitzert’s lawyer (who calls him NitZert) claims there is a conflict by councilors Brekke and Starr because they supposedly shared public documents, owned by taxpayers, to citizens, the real possible conflict is Mayor TenHaken chairing the hearing.

How can an elected official who possibly violated the same ordinance chair a hearing of his peer? This is the MAIN question.

I think the first motion in the hearing would be to remove the mayor as chair of this hearing because of his blatant conflict.

This isn’t really about Greg, it’s about Paul, and the circling of the wagons.

I hope Mr. Cunningham’s attorney points out this conflict at the beginning of the meeting and removes Paul from the proceedings.

I also want to say, I feel truly sorry for Greg, and I’m not being cynical (maybe a little). I had high hopes for the fellar, but he fell victim to the partisan machine and they will eat him alive while he remains a footnote in city government history.

Tomorrow night, Carnegie Town Hall will be transformed into the Globe Theater. I hope to be in the front row in the penny seats.