Will Mayor Huether’s code enforcement rampage backfire on him?
l3wis It now is no secret that Mayor Huether is ramping up code violations, not only on complaint basis but it seems proactively. He has pronounced it himself in the media and city employees and private citizens said they have seen the effects already. But won’t this all backfire on him and the city financially if they don’t fix the code enforcement mess?
I wrote a negative red-light camera letter to the Argus Leader almost four years ago. Former Sioux Falls Mayor Dave Munson sent a tough-guy code enforcer on a vendetta against me. It took four citations, four city hearings, four years of litigation, four circuit court dates and $40,000 in legal expenses to exonerate myself. In the process, I showed home rule charter is not democracy.
Mr. Daily sent me the original – unedited version of the letter . . . oh the Gargoyle Leader and their editing pen.
Traffic Camera Case
I wrote a negative traffic camera letter to the Argus some 4 years ago. Munson sent out the tough guy code enforcer vendetta. It took 4 citations, 4 city hearings, 4 years of litigation, 4 circuit court dates, and $40,000 in legal expense to exonerate myself. In the process, I showed Home Rule Charter is not democracy. Present city procedure ignores the South Dakota Civil Procedures Act and 2 amendments to the U.S. Constitution.
For the camera case, Circuit Court interpreted and applied the law. The class should be compensated for illegal citations and litigation. There should be punitive damages. My situation (above) was 4’s and I suggest a $4 million judgment.  The city plans 10 more cameras. This case should first go into state court to answer constitutional questions and evaluate city civil procedures. The assistant city attorney has violated citizen’s rights in city hearings and obstructed justice in circuit court cases. He represented an unfounded and improperly noticed ethics complaint against a city councilor in order to influence an election. There should be a state Supreme Court ethics hearing and reprimand. The city turned off the camera and, after ignoring 3 prior court orders, finally complied with one.
If the mayor will not repeal home rule or if state court doesn’t revoke it, I suggest a new mayor and term expired council members in 2014 who advocate:
‘REPEAL HOME RULE, RETURN TO CONSTITUTIONAL DEMOCRACY’.
Munson oligarchy became tyranny then a full blown dictatorship. The mayor makes all decisions such as policy, budget, tax increases, and non-competitive bidding. The city council has become puppets meant to mimic democracy. At one time, during Munson, Home Rule Charter could have been amended into a viable concept. Considering misapplications and citizen torment, it should now be abandoned. Then, city administration can be welcomed back. If they apply and can answer a few constitutional questions, they can be reinstated as U.S. citizens.
Daniel R. Daily, Citizen and Constitutional Plaintiff
