The City of Sioux Falls is taking this seriously

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After watching this morning’s Corona Virus briefing and the health board meeting today and ending with the city council meeting I think it has finally sunk in that this is very serious, and I was impressed with the Mayor, the Health Director and the City Council for taking more preventative steps. They are not suggestions anymore folks, we need to listen to our elected leaders and heed the warnings. This can ultimately not get any better unless we take precautions, and your city government just stepped it up today, I thank them for their actions.

All week long I have noticed many patrons at the Match Pointe Tennis Center, The Sanford Fieldhouse, and tonight several people golfing at Great Shots. It surprised me that facilities that are under the umbrella of a healthcare system would have their recreational facilities still open to the public. Hopefully the new ordinance the city council passed tonight will close that down.

Also today I was sent this from the city charter concerning elections and if the city council has the power to change a date;

Section 6.01  City elections.  

(a)   Regular elections.  The regular city election shall be held in even numbered years. Conduct of the election shall be in accordance with provisions of state law. The date of the city election shall be set by ordinance as the second Tuesday in April. The city may combine its election with that of the Sioux Falls School Board.


As I see it, while the city has to follow state law with how the election is conducted, the city council has the power to move that date no matter what the state legislature decides. Under our Home Rule charter, it is our council that makes the decision of the date of the election. No matter how the legislature votes on this on Monday, I still think the city council has a legal right to move the election if they need to. I’m no legal scholar, but I think the language is pretty clear who picks that date, and it’s not the legislature.

Also the city has taken action to inform the public with these billboards;

The City of Sioux Falls has about 10 billboards up around town to build awareness about social distancing.

They feature a big picture of  Mayor Paul Tenhaken with this quote:

‘By staying apart, we will stick together’

The billboards are up in strategic spots, including 41st and Western and 12th and Kiwanis.

The TenHaken administration is using every means available to get the word out on ways to stop the spread of COVID-19.

I hope the billboard company is doing these at no cost to the taxpayers, but I don’t know the answer to that. But what concerns me is why do they have a picture of the mayor on them – smiling no less? It reminds me of our job recruitment billboards with the former mayor on them. I think this is a horrible time to be campaigning for the next election on the taxpayer’s dime. I would have just put the quote up by itself, and I’m not even sure this is an original quote from Paul? It’s bizarre and certainly in bad taste.

Mayor TenHaken, “I didn’t sign up for this.”

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At the afternoon press conference today (video above) when Paul was asked how Noem is doing with leadership on this issue he told a reporter ‘I didn’t sign up for this’. Last night on FB (video below) he complained about open meeting laws (24 hour notice of meetings) and said he could get more done if he didn’t have to bother with that notice.

Actually, Paul, you could get a lot more done if you would just lead. Under the Charter you have the duty and responsibility to manage the affairs of the city, you don’t need to notice anyone. After almost two years as our mayor you don’t understand leadership, our charter or our open meeting laws. Why is this? Because one of the first things Mayor Selfie did was give executive authority to his COS, Erica Beck, who has been running the city while he has been jettsetting all over the country and world. Hey Paul, you ran to be our mayor, the city manager, didn’t you know what that all entailed? Apparently not.

He also complained in the this afternoon’s press conference that he was tired of employees calling him to complain about their employer. He basically said that wasn’t his job to tell them what to do. Yet, he doesn’t seem to have a problem with telling employers how to recruit mentors or donate money to a rental relief slush fund.

See, folks, Paul does understand one thing, it is a right to work state where people don’t have worker rights do to the lack of widespread organized labor. I agree with Paul, stop calling him, he isn’t going to do anything for you, he has proven that over the past few weeks. I suggest you contact OSHA if you think your employer is endangering your health;

Sioux Falls Area Office Sheila Stanley, Area Director U. S. Department of Labor Occupational Safety and Health Administration 4404 South Technology Drive
Sioux Falls,  SD 57106

 (605) 361-9566 
 (605) 361-9652

I personally was required to study Marty for over a year for my confirmation classes, and one lesson that Paul should learn from him is that Marty was a great leader who in the face of adversity and crisis in the failed leadership of the Catholic Church didn’t back down to that challenge. If you want to quote Marty, maybe this one will suit you better (it’s from the other Marty)

Legislature SHOULD allow communities to decide if they want to have April 14th elections

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The SD State Legislature decided to meet electronically for veto day, which is a good. It is also more proof that the municipal and school board elections across the state should be postponed, or at least give communities the option to decide. That is what Minnehaha County Auditor said during yesterday’s County Commission meeting. Basically if the Legislature makes a decision on the election, they would pass a bill that would allow communities to decide for themselves if they wanted to hold the election on April 14th, which I think is a great idea. There are roughly 70 communities that are planning a April 14th election across the state. Litz basically said in smaller, less populated cities, they would probably be okay with holding an election, but bigger cities like Sioux Falls may have issues with it. Bob also said that he could easily combine the city/school election ballot with a 2-sided primary ballot.

I’m still on the fence about it. I think we need to see where we are at with the Corona Virus in couple of weeks before we decide. We also don’t know what it will be like in June. I think if communities are given the option to decide for themselves, they should do it on April 6th.

Is postponing the municipal elections part of an evil Democratic Party plot?

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While our Mayor, Health Director and City Attorney continue to tell us they don’t have the legal authority to close businesses (even though it is clearly spelled out in our charter that they can close businesses based on threats to public health) there seems to be another strange conspiracy brewing.

It seems the governor is pointing fingers at the SOS and they both are pointing fingers at the legislature while the legislature is pointing fingers back at them while our city clerk is trying to scrounge up boy scouts to run the polls.

I have argued all along, if we can’t find poll workers to work the April election, we can’t have an election. Who cares about state law?

But there’s a funny rumor being spread around by Republican lawmakers; they fear moving the municipal elections to the June primaries would give advantages to Democrats running for office.

Huh?!

First off, most, if not all municipal elections and school board elections are non-partisan. What Democrats would have an advantage? I also think Biden will already be the nominee before June, so there really wouldn’t be a reason for Dems to show up in June accept for a handful of Democratic primaries. If anything, I think Dems would have a bigger advantage voting in April. But either way, I have heard some pretty goofy things from the majority party in SD, but this one takes the cake.

Do the right thing, postpone the elections until June. You will have a higher voter turnout, save taxpayers money, and most importantly keep people safe while voting. Why does everything have to be political with Republicans in our state? This is about public safety and not politics.

Real leaders make tough decisions in times of crisis

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While I cold certainly go on several rants about how our president and governor are handling this situation by not being proactive, even now with the data they have, I have to admit my disapointment in our mayor.

The mayor does have the power to shut down businesses that are encouraging the spread of the virus, as Cory has pointed out in our charter;

§ 92.070 PROHIBITED.

No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance within the city.

§ 92.071 ILLUSTRATIVE ENUMERATION.

Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, orendangers the health, comfort, or safety of others… are, each and all of them, hereby declared to constitute nuisances….

§ 92.074 ABATEMENT BY CITY; COSTS LEVIED AGAINST PREMISES.

When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in § 92.072. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. The city health officer may shorten the timeframe for removal or correction if the health officer determines the nuisance item(s) presents a significant risk to the public health if not removed or corrected in less than 14 days. If the city health officer determines a shortened timeframe is appropriate in a particular case, the shortened timeframe shall be set forth in the notice. Any additional nuisance conditions not previously observed, or that may have been added to the property after the city’s inspection(s), must also be removed or corrected within the timeframe specified in the notice of violation.If at the end of the 14 days, or less as set forth in the notice, the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five equal annual installments as the city council may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments [emphasis added; Sioux Falls City Code, retrieved 2020.03.22].

Who does the City’s Health Officer, Jill Fraken, report to? Mayor Paul TenHaken. Paul could easily ask Jill to shut down the businesses for violating code. He has this authority without the consent of the health board or the city council. An appointed city employee or an appointed volunteer city board cannot do these things on their own.

Further more in the charter, the mayor has the authority to manage the city, NOT the city council or appointed boards or employees. The charter grants him this awesome power and authority.

Don’t let Paul fool you by telling you he has to leave it up to a volunteer board, city employees or the city council. HE CAN DO IT!

So why doesn’t he? It’s really a simple answer, he doesn’t want to take the heat from businesses that will lose their shirts in this crisis. I can almost guarantee that 30% or more of small hospitality related businesses will go out of business after this (if they haven’t already). How easy will it be for PTH to wash his hands of this decision when he can point his finger at city employees, volunteer boards and the eight member, part-time city council.

Guess what Paul, it isn’t your fault either, it’s the fault of an invisible virus that got out of control. But you can do the right thing and help prevent it from causing more damage. Economies will come and go, life cannot be replaced so easily.

Paul, it is your job to handle emergency situations and crisis in this city, the council’s job is to make sure the laws and ordinances are in place to back up those decisions and the funds in place to fight this and recover. I advise you to make this decision by Tuesday morning before any meetings take place and stop this insanity. The directive is clearly in your hands.