This was a nice story about David by Dan
UPDATE II: So one interesting thing I learned from the video was that the 170+ page document that was presented to the council during Nutzert’s hearing was actually given to the City Clerk several days before the hearing. Brekke questioned why they received the document that night right before the meeting instead of in advance. BOE Chair Jack Marsh defended that position and said they prepared the packets for the council immediately several days before the hearing and gave them to City Clerk Greco to give to the Council, and it was within Greco’s jurisdiction NOT the BOE’s to give them to the council. Which is true.
I asked a couple people in the know this afternoon why Greco did not pass it on to the councilors in advance. In fact, I guess, Greco intended to do so and even wanted to post the docs in advance online in SIRE but he needed (or thought he needed) permission from the outside counsel the city hired to handle the hearing before he could do it . . . wondering why that permission wasn’t granted?
I have asked a couple of city councilors to look into why the information wasn’t presented to the council and the public in advance.
This whole adventure was so sloppy and corrupt, you wonder how our city government can even function at all.
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I did not attend today’s meeting because it was at 9 AM on a Tuesday morning, real convenient for the public to show up – NOT. So all I can tell you is what I heard briefly from those who attended;
I guess the Board of Ethics determined that Councilor Brekke assisting constituents with navigating the Charter was well within her rights and duties as a councilor (Duh!)
I guess David Zokaites’ question about supplying evidence was pretty much blown off because Neitzert told the BOE that city employees take trips all the time. Which is interesting, since this complaint was against an ELECTED official and NOT a city employee. That was the main reason the first complaint was dismissed.
I guess we will know more after the video and minutes are released.
Guest Post-Cameraman Bruce
The reverberations from the Greg Neitzert Board of Ethics impeachment ruling is still causing waves in the Board of Ethics schedule. On Tuesday, October 6th, 2020 at 9:00am, of course at a time where few can attend, there are two Ethics requests. Remember, Greg Neitzert was impeached (or indicted) by the Board of Ethics probable cause letter sent to the City Council causing the recent quasi-judicial hearings by the body.
The first ethics agenda item is an advisory request from City Council member Janet Brekke. Brekke is asking for clarity in the accusations leveled at her by the impeached Greg Neitzert. If you remember, Neitzert claimed John Cunningham had compromised her when he asked Brekke (a former city attorney) for clarity on the ethics process since the Board of Ethics and the city attorney refused to explain the process and their decision to him.
Brekke, like all city council members are able to assist their constituents where possible. Come to think of it, if they do not assist their constituents, then what good are they?
During the process, the soon to be impeached Neitzert sent ex parte communications to council members, attorneys and the Board of Ethics members in efforts to sway their actions and besmirch the integrity of Brekke and Cunningham. There should be another ethics complaint against Neitzert for this attempt to improperly attack Brekke. You notice in the packet, a threatening email from Neitzert, sent to Brekke and Pat Starr, promising retribution, as council chair, if they did not recuse themselves from the process.
How stupid is the impeached Sioux Falls City Council Chair Greg Neitzert? He is making some sort of threats of retribution against other members of the panel and letting the members of the Board of Ethics in on his plan? What is ethical or where is integrity in his planned attack?
The second agenda item on the BOE agenda is a REQUEST FOR INVESTIGATION (attachment 3) filed by David Zokaities. Zokaities is asking the Board to investigate and release the evidence, with all information, the Board found to make their statement in the Sioux Falls Board of Ethics’ Report on complaint 20-B and recommendations to City Council:
c. The Board finds other incidents of past travel by City officers for which a third party paid expenses. While the Board did not thoroughly investigate or determine the full extent of such practices by City officers or officials, the practice appears to be common. The Board did not determine whether attendance at any prior event(s) was specifically improper.
Zokaities is now asking the Board to do their job, to finish the investigation, they alluded to and expose the violations. If the city officials and staff are making secret trips, we the public must know how they are using their positions to possibly corrupt our government. Are they getting more illegal free trips? Are they getting more illegal free meals? Are they getting boats parked in their driveways or Rolex watches for doing their gifters work? We don’t know since our administration was hired by the people in 2018 by promising transparency. If it was happening before 2018, we also need to know. The Board made the accusation in writing, so let’s see the evidence and then, let the prosecutions begin?
If a librarian can’t accept a meal or honorarium to serve on a national board, the cops could not receive discount gift cards or the Planning Director had to give up his conflicting corporate advisory position in recent BOE hearings, then we must know who is taking 3rd party paid for trips or meetings. If the officials are not taking the trips, then the BOE must clarify what they are talking about.
No evidence related to this statement was released to the public or Council to complete the Council’s impeachment process. There is a gap in public knowledge. If city officials who are elected, appointed or staff are making illegal trips, we the public have a right to know. The impeached Neitzert in his only “report†to the council was an email sent while at the meeting proudly told of the group’s mission on certain issues. Funny thing is, he never let anyone know what he was going to attempt to do on the group’s behalf. Zokaities wants to know as we all do, what Neitzert and the rest of the “offending†city elected, appointed or staff have been doing.
Sioux Falls does not have any other method to find out this information. The Board and Council has been derelict in their duties up to this point to tell who and what they were accusing the get to this answer. Who and where are they traveling using the city credentials they have been secretly using.
The Board of Ethics and the Sioux Falls City Council have, through these recent actions, shown we might as well shut down the public’s right to know and also hold the officials responsible for their actions. Shame on them and shame on us for letting this happen.
Thank you to Janet Brekke and David Zokaities for helping the rest of us clarify the issues raised in the impeachment of Greg Neitzert. The public must show up, if even to just listen and watch. These meetings seem to always be at a time few people can attend. By showing up we let the Board know we care about the corruption possibilities this entire scheduling process and the resulting decisions create.
Guest Post and Video by Bruce Danielson
Triple Check the Charter has just found a new voice for the separation of power clauses of the Sioux Falls Home Rule Charter. Mayor Paul TenHaken shutdown David Z’s Public Input comments with statements he made violating not only the 1st Amendment but the very essence of our Home Rule Charter, the Separation of Powers. The Mayor of Sioux Falls has very limited powers of moderating the activity of City council meetings.
The mayor has no power over the policies of the chamber,
NO MAYOR CAN ISSUE AN EXECUTIVE ORDER CONTROLLING THE CITY COUNCIL OR ITS CHAMBER.
Got that? An executive order is a policy order signed by the mayor to only allow or direct city employees do something. In many instances it might be a CYA or get out of jail free card issued by the mayor to cover a potential wrong doing. An executive order cannot control the independent policy making body of the town, the City Council. Simply said, The mayor was wrong in his abusive statements during the Monday meeting.
The PTH administration has no understanding of the role required by a mayor in governing. He thinks he can update a longstanding Executive Order limiting the use of Sioux Falls governmental resources under his control and take over the City Council?
The issue being discussed was whether an officeholder in the city of Sioux Falls guberment can setup a secret stash of money by squeezing money out of someone wanting a favor from the politician. The mayor has a secret stash of leftover campaign money in operation as a PAC (political action committee). Its secret because he announced recently his donations of money to two of his favorite candidates for the City Council. His golden boys, Selberg and Neitzert, gladly accepted the gold and were anointed his chosen ones. Kind of Biblical isn’t it? Reminds me of the Golden Calf. What was the Golden Calf? The sin of the golden calf is widely regarded as one of the most disgraceful moments in Jewish history and we don’t even have to go to Egypt.
Is this is our Golden Calf moment?
In a very strange exchange tonight at the city council meeting, Mayor Selfie made an astonishing admission. During the public input for the proposed campaign finance ordinance, David Zokaites mentions at the end of his testimony that Paul said last week from the dais that he was running for re-election, so David said ‘He’s got competition – me!’.
Paul got irritated and told David, ‘I would remind you David Z based on that you are not to use the dais per executive order to promote your candidacy, so this will be the last time you will be able to mention that, from the podium.’
David quickly snipes back, ‘That goes for both of us.’ and PTH says, ‘I don’t speak from THAT podium. That’s just a reminder of that executive order and thank you for adhering to those rules of this chamber.’
Wow! What arrogance! First off, people have been making those kind of pronouncements from that podium for years. Why? Because they can. I actually think it is hilarious that Paul thinks he can write an executive order (and not tell anyone about it until tonight) that is unconstitutional. No mayor in any city in this country can override the 1st Amendment and the US Constitution. It only proves how thick and petty Paul is. The rules for announcements applies to city officials from the dais because they are using their government position (and ultimately our money) to promote themselves. Any candidate that is currently not serving on the city council can say anything about their candidacy from the public input podium. Also, the city council controls their chamber, NOT the mayor. He cannot write an executive order about how the council runs their meetings, that is a violation of the charter, even though I’m more worried about the constitutional violation.
Never thought I would see a mayor in Sioux Falls admit to violating the US Constitution and City Charter at a public meeting. Ellis is right, it’s amateur hour at city hall.