Code Enforcement

Why the delay?

Something smells

I am still baffled why Judge Caldwell decided to delay the release of this verdict for so long?

Caldwell filed her ruling in November, but both the city and Dorothy found out about it only recently. Both parties said they asked the Minnehaha County clerk of courts office multiple times in the past six months and were told the judge had not made a decision.

“Quite honestly, that just blindsided our office. We had inquired before if there was a decision and had been told that there was not,” Tornow said.

WOW! I knew that Dan’s lawyer had asked for the ruling several times with no avail, but I was unaware that the city did the same. And while I’m no fan of Tornow, I truly believe he is telling the truth on this one, otherwise there would have been an appeal decision a long time ago.

Charles Fechner, Minnehaha clerk of courts, said normally the office doesn’t send such filings to the lawyers unless it’s requested.

“All I can say is we were never given notice to send them out. Unless we are told they want copies or to send them out, it’s not an automatic that we send copies to the attorneys,” he said.

HUH? Didn’t Tornow and Dorothy just say they asked for the rulings? While I think Luther is a decent journalist I’m curious why she didn’t pursue this a little more? I’m still clueless as to why Caldwell sat on this for so long. As I speculated before, I personally think it was an attempt to protect Munson, but who knows at this point. And was former SD Supreme court justice and city attorney ‘in the know’? Is there anyway to make a judge fess up?

This is all really fishy. You would think a decision as huge as city code violating the US Constitution that someone in the clerks office would have said something? Says a lot about our justice system, huh?

I would also like to give a piece of advice to Mayor Huether;

Mayor Mike Huether criticized the inefficiencies of code enforcement during his campaign and talked about consolidating the process, which spans multiple departments.

He asked the city attorney’s office to speak on his behalf regarding the lawsuit Wednesday, Tornow said.

While it was probably a smart move by Mike on such a delicate issue, I really encourage him to get directly involved. First off, fire everyone involved TODAY! Secondly don’t appeal the decision and thirdly change the city charter so it will allow due process, because as it sits now, you are violating the US Constitution and that isn’t very cool.

I would also like to thank Mr. Daily for his citizen advocacy on this issue and allowing South DaCola first hand access to the story. This was never about Mr. Daily, this was about you and your constitutional rights. Dan dropped $40,000 of his own money to protect your rights. At the least we owe him a ‘thank you’ at the most a contribution to his legal fund would be nice.

Dan Daily beats the city in court. He was denied ‘Due Process’ which is guaranteed by the State and US Constitution

I will not post the entire 26 pages of the verdict, BUT, I will post some highlights and the conclusions. Click to the right for the entire document. (11-12-09 findings and conclusions)

Remember when the news did a series of stories about how code enforcement was a mess? This paragraph speaks volumes;

And the last sentence in this one says it all – beat a dead horse and maybe it will wake up.

I think the verdict is pretty clear – the city is violating citizen’s constitutional rights to Due Process. Wonder if the city will appeal the decision? I want to personally thank Dan Daily for taking up this cause, this just wasn’t a ruling for him, but for the citizens of Sioux Falls who have been harassed by the city and had their hands tied. While many people may think I am mean in some of the statements I make here, most of the time I am being sarcastic, but right now, I am not; someone needs to pay for the code enforcement mess, dearly, and hopefully it will be city attorney Tornow. Besides being fired, I would love to see him disbarred, fined and jailed for crimes against the constitution.

GUEST POST • City of Sioux Falls – Discrimination • by Daniel R. Daily

Most of us agree that discrimination is hardly an issue in Sioux Falls.  Varied races and religions live in harmony disbursed within city limits.  We accept less privileged transplanted foreigners into our culture.  Sexual preference may be noticed but there’s acceptance.

City employees are the prejudice exception.  They get privileges citizens do not.  Their benefits package is far better than citizens (including state or federal workers).  They have the best health care (including dental) and retirement package.  They get all paid holidays and 6 weeks annual vacation.  There’s credit, financial, and legal help.  They get educational assistance.  It’s very obvious they hardly work 30 hours per week with numerous day breaks and long lunch hours.  They’re protected by strong civil service unions.  Their fat kids play while our athletic children are benched.

City employees are at the root of neighborhoods.  We are stepford citizens.  Speak against the city, you’ll be shut off.  Right or wrong, what they or the city says is both law and gospel.  Smile and give a glassy look so they can’t tell what you’re actually thinking.  Clearly, city insiders have the power when 3 of 6 mayoral candidates are on the council.  The other 3, strategic so the election doesn’t appear rigged.

We’ve accepted indenture.  It happened as a result of Home Rule-Strong Mayor.  We’ll live and work in Sioux Falls until there’s more and better jobs in surrounding communities.  One thing is not acceptable, city civil procedures.  City employees have access to democracy.  Citizens do not.  City politicians and civil service godfathers give themselves and city employees constitutional rights guaranteed by state and federal law via City Code Section 30 or informal ‘wink-wink exception’.

City vs. Citizen Civil Procedures:  No independent hearing examiner (not true before but private attorneys will not take city business for fear of ethics disbarment).  The city is accuser and judge.  No right to present evidence or call witnesses.  You must testify against yourself.  No cross exam of city witnesses.  No acceptable hearing record (file and/or recording).  No appeal.  No, before you ask.

It’s a mayor’s tyranny and dictatorial rule.  Democracy wasn’t threatened, it was destroyed.  Until this gets class status in state court, the best action is an organized resistance to include civil disobedience.

Civil Disobedience Method 1:  City Code 2-66 once stated appeal into circuit court but (2006) reads judicial review.  No appeals, citizen or city (for payment).  Citations, tickets, fines, fees, and assessments post 2006 can be contested and (if paid) refunded.  The city deployed unconstitutional illegal procedures.

Civil Disobedience Method 2:  A complaint against a city employee is an incident report form from Human Resources.  The city attorney intercepts these.  Deliver them direct to the civil service commission asking for a 4 member hearing with court reporter.  If no employee name, write in ‘Code Enforcer’.  With enough reports/hearings, the city becomes overwhelmed.  Activity abusing citizen neighbors stalls.

Equal rights must be guaranteed to both citizens and city personnel.  We must all be Home Rule enslaved seeking state intervention or we all have the same constitutional rights.  City employees are also citizens and not entitled to a preferential double standard.  Rip off taxpayers but we must all be free.

Note: Daily has a case against the city on the constitutionality of code enforcement. Closing arguments were heard over 5 months ago, still no verdict from Judge Caldwell. Wonder why?


Is Code Enforcement harassing political supporters now? Seems so.

Yesterday I was made aware that the city code enforcement department was trying to squelch free speech. A Staggers and Stehly supporter purchased and has been displaying these signs in his yard. A couple of days ago, code enforcement took them down and said he was violating ordinance. Not true, so he put them back up. After a discussion with the enforcement office he explained to them that as long as his signs did not exeed 1,296 square inches (they are 1,230 square inches) they are legal to display, according to city ordinance. The real reason they were removed was because of ‘several complaints’ the code enforcement office finally admitted. Really, is that how we enforce code now in Sioux Falls, if someone complains loud enough, the code enforcement office just makes up something? The signs are staying up for now.