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Mayor TenHaken may have violated FCC Committee Member Rules

Mayor TenHaken currently is the chair of the FCC Intergovernmental Advisory Committee, as a committee member they have to follow certain rules and guidelines in that position. According to the FCC they are only allowed to provide opinions to the FCC Commission. I was unable to find the specific rule that prohibits committee members from making accusations or pronouncements about other fellow lawmakers, like a city councilor he serves with, but I do know that Federal boards have to meet a much higher bar when it comes to conduct. I would think if Councilor Brekke made an inquiry to the FCC about his accusations they would look into the rules he must follow as a committee member.

Here is the video of Brekke’s press conference. I like how she compared Paul to a singer of a rock band and the council is the musicians in the band;

Here is the dust up between Starr and Jensen;

UPDATE: City of Sioux Falls Employees are also voters

UPDATE: Notice in Trevor Mitchell’s story;

Asked for comment, TenHaken’s campaign responded with several links to the Federal Communication Commission’s rules on political campaign texts, as well as to the Sioux Falls Code of Ordinances. The city’s code states:


“No city employee shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any city office.” 


Notice that either Mitchell or TenHaken conveniently left out the last two sentences of the complete ordinance, which gives city employees the right to privately support candidates, just NOT financially.


§ 39.038 POLITICAL ACTIVITY.
No officer or employee under the civil service or appointive officers shall, directly or indirectly, contribute money or anything of value to or render service in behalf of the candidacy of any candidate for nomination or election to any city office. The expression in private of personal views concerning candidates for political office is not prohibited hereby. Violation of this section shall be grounds for discharge or other disciplinary action.

This of course is no surprise how low they will go to try to make it look like they have the law on their sides. Ironically, it seems Poops is the one who may have violated city charter when it comes ethics and employee bonuses;


§ 39.041 UNLAWFUL INFLUENCE.
No person while holding any office in the government of the city or any nomination for or while seeking a nomination for appointment to any office shall corruptly use or promise to use, either directly or indirectly, any official authority or influence in the way of conferring upon any person, or in order to secure or aid any person in securing any office or public employment or any nomination, confirmation, promotion or increase in salary, upon the consideration or condition that the vote or political influence or action of the last named person or any other person shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration.

It seems Paul is trying to deflect from his own ethical challenges trying to play the victim after he attacked a city councilor;

These are baseless allegations and honestly, way beneath what we should expect from our leaders. Those who know me can see through them for what they are  — false, misleading and a desperate attempt for headlines a week before an election. I look forward to continuing to discuss issues like housing, public safety and infrastructure rather than publicity stunts like this.”

Baseless? Who sent the private text with a made up controversy? You did. It is unfortunate that Brekke had to respond to your political stunt. You are such a small petty person. I know hungry toddlers with more grace. You played the same game with Jolene. These are the games of a political hack who has no basic understanding of ethics or running government.

It continued at the informational meeting where Chair Alex Jensen decided to dig on Councilor Starr who had to attend a personal matter so he was late to the meeting saying, “Where is Pat Starr, thought he wanted to ask questions? (about Forward Sioux Falls funding). Starr showed up shortly later and at the end of the meeting he tore into Jensen saying he wasn’t ‘Man enough to say it to his face.’ Jensen tried to deny it and Pat said, ‘We can replay the tape.’ As the gavel was flying the video producer shut the video off, essentially censoring the exchange. That’s open government folks.

This is what it has come to, a bunch of partisan hack rubber stampers who are angry about getting called out for their immense stupidity, arrogance and incompetence.

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Unfortunately, Mayor Doxxing has decided to threaten a city councilor that is up for re-election with a made-up crisis. Councilor Brekke is contacting voters with her text messages and some of those voters are city employees. It is completely legal, as she explains. Janet is not offering any kind of compensation to the city employees for posting her signs, and further more, according to city charter, city councilors have NO direct influence over a majority of city employees, only council staff.

This of course is a response from the mayor because Brekke pointed out it being unethical to vote for city employee bonuses before an election, something that directly impacts their employment and compensation. She took the high road and Paul is taking the low road.

I could say more, but I will let Janet explain instead;

UPDATE II: Brian Allen shows his bias towards Mayor TenHaken before and during the Sioux Falls Mayoral debate

Before the debate starts, moderators Brian Allen and Trevor Mitchell have a hot mic conversation on how they will do the debate. I found this exchange interesting and thought I would document it if it gets edited from video;

UPDATE II: During the KELO TV debate they addressed Paul as Mr. TenHaken, the correct protocol.

UPDATE: They did edit it out of the DakotaNews and Argus FB videos, so luckily I caught it;

Brian Allen, “I’ve done this a time or two, I know where the quicksand is.”

Mitchell asks Allen, “How do you plan on addressing them? First name?”

Allen then asks who I assume is his producer, and there is a quiet conversation and it is decided to call him Mayor TenHaken.

Allen, “So we are giving him the power of the incumbency during the debate? That makes sense, so it will be Mr. Zokaites, Ms. Islam and Mayor TenHaken.”

Actually, they all should have been addressed the same way, as this handy little guidance points out.

Also during the debate Allen made sure he thanked Paul for his response every time, “Thank You Mayor TenHaken.” That did not happen with the other candidates as often.

Trevor and Allen also had a discussion about the candidates in attendance before debate, and Trevor said, “I see Brekke and Pam Cole.” and Allen perks up and says, “Is Sarah Cole here?” Not sure what that meant?

I will give props to David (who I voted for and have been endorsing) I think he gave common sense answers to big issues. I think Islam has a lot of passion when it comes to the vulnerable and she is well studied on the issues and she took Poops to task several times. TenHaken was on the defense most of the night, and seemed frustrated at the beginning and a little agitated. That is because he is NOT cut out for the job and never has been.

I guess Stormland TV is having another debate tomorrow night at 8 PM, hopefully the council meeting will be done by then.

Downtown Rotary hosted a forum with the At-Large A Candidates today;

Sioux Falls City Council Agenda, Tuesday April 5, 2022

Even though the city election is a week away from Tuesday, the city council has a jam packed agenda this week.

Informational • 4 PM

A. Forward Sioux Falls 2022-2026 Agreement by Mike Lynch, Executive Director of Investor Relations

FSF actually put together a good presentation . . . see, that wasn’t so hard.

B. Jacobson Plaza Update by Don Kearney, Director of Parks and Recreation

C. Safety and Home Repair Grant Program by Kevin Smith, Assistant Director of Planning and Development Services

This is the program that the mayor is initiating without input from the council (As Starr pointed out on Thursday in a press release) and without a financial review of 2021. Why is the mayor hiding the 2021 financials until after the election? Because he knows voters would be irate over the city swimming in millions after a pandemic. I have joked with people that after Poops is re-elected, you will not see him the next 4 years. He is will be virtually invisible running cruise control government from the basement of City Hall in complete secrecy and handing out booty prizes to his socialist welfare queen developers and people he has been privately investing with.

Regular Meeting • 6 PM

Item #6, Contracts/Agreements, Sub Item 2, Legal Counsel, $10K for Housing. I find this interesting since we have city legal counsel and it has to do with housing. I wonder if it has to do with Poops grant program?

Sub Item #30, Planning & Development, Agreement to Provide Research, analysis and recommendations for a 2035 Downtown Plan, Leland Consulting Group, Inc., $46K. Shouldn’t this be community and city council driven? Why do we need a private consultant tell us what we want?

Item #57, deferred action to do with Forward Sioux Falls handout. I find it interesting that there is NO description of what this is on the agenda. They call it sub-item 30. That’s transparency folks!

Item #83, 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES.

Item #84, 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: ORDINANCES, RESOLUTIONS, MOTIONS AND OTHER DOCUMENTS REQUIRING COUNCIL APPROVAL BY REQUIRING AN ANNOTATED AGENDA. This is basically an agenda with notes on it (explaining the agenda item) this is a great open government measure. We will see how the other councilors react considering Starr and Brekke are the sponsors. My guess, like the next item, will pass 1st reading with no discussion, and then get a dragon slaying at the 2nd reading (after the election) because that is how the rubber stamp council rolls.

Item #85, 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 35 CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND ETHICS BOARD TO IMPLEMENT A MANDATORY ETHICS TRAINING PROGRAM. This is a program that Councilor Brekke has been advocating for, for her entire 1st term. I think it is a great idea. I can’t wait to hear the councilors excuses against making it mandatory. Maybe all the city employees getting arrested recently would be a good reason this should be pursued?

Item #86, 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS.  Facilities ($1,000,000); Fire ($2,685,000); Police ($80,000); Library ($50,000); Highways and Streets ($6,000,000); and Parks and Recreation ($3,855,000). More handouts of money left over in 2021 before the council has received a financial report. Unbelievable. Notice the sponsor is Mayor TenHaken.

Item #87, 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO SUPPORT THE CONSTRUCTION AND OPERATION OF THE UNIVERSITY OF SOUTH DAKOTA DISCOVERY DISTRICT RESEARCH PARK LOCATED IN THE CITY OF SIOUX FALLS. Getting on the bandwagon of the DSU project, councilors Soehl and Erickson want to give money to a USD project, $3.5 million. Funny they know the money is there since there has NOT been a 2021 financial report.

Item #95, A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO AGREEMENT BETWEEN FRIENDS OF LEVITT SHELL SIOUX FALLS, INC. AND MORTIMER & MIMI LEVITT FOUNDATION AND THE CITY OF SIOUX FALLS, SD, REGARDING LEVITT SHELL AT FALLS PARK WEST. This is giving the power to Levitt to control events at the facility that are NON-Levitt concerts. While I agree someone needs to manage it, since it is owned by the taxpayers, it should be managed by us. The Levitt should simply block off their events and let the city determine who uses it on open dates.

Item #96, A RESOLUTION APPROVING A TEMPORARY FURNITURE ZONE EXTENSION ON A PORTION OF E. 12TH ST. Another example of an agenda item that makes zero sense in verbiage. While I approve of the resolution, all this is an outdoor street patio for Breaks Coffee. When you read the attached PDF you don’t figure it out until the end with a map. Another example of failed open and transparent government. The recipient should be named in the resolution and the introduction of the agenda item.

Sioux Falls City Council Candidate Merkouris will not protect your right to Public Input

The Sioux Falls Election is bringing out the best of the worst, including this endorsement of taking away citizen rights by City Council candidate and preacher Rich Merkouris was expressing in 2018. 36 Citizens who gave impassioned Public Input on June 12th, 2018 were wrong? They are according to Marshall Selberg and Rick Kiley. The Mayor and 4 Councilors are saying “Stay away from our meetings, quit interfering!” We’d like to say, “Good Bye!” The Mayor is being encouraged to shove our civil rights up our backsides by the TenHaken best friend, Rich Merkouris. The City Council candidate Merkouris who doesn’t want audits of the millions of dollars he has received from the city coffers? Yup.