Ethics

I couldn’t agree more with Mr. Kirby

Joe did a great blog post today about the charter. While I disagree with some of his premises and anecdotes he is right about ONE thing;

City government would be improved if we established a better separation of powers while at the same time, strengthening the role of our legislature. Here are some changes I think are worth considering in the charter and/or the way city government operates.

  1. Take the next mayor off the city council to establish better separation of powers.

I think this would FORCE the council to do policy because they would be running their own meetings and agendas. This doesn’t mean the mayor could not still present policy but he would have to get at least ONE sponsor on the council and if it really is HIS policy and not something a department head cooked up, he needs to come to the council and present.

I think the charter has worked well also, but the biggest problem is the laziness of the councils since and the corruption at city hall. This of course spells incompetence.

Some rules and regs really do work, but you must apply them, this city has NOT when it comes to policy and our legislative branch.

City of Sioux Falls Executive Order 175

I believe Mayor Huether instituted this EO after certain city employees were letting citizens and journalists in on stuff the mayor was trying to cover up.

There is a difference between keeping confidential documents secure and keeping important public information away from citizens.

All this EO does is intimidate city employees so they don’t whistle blow.

I tell public employees if you see something corrupt the city government is doing you need to report it. I think public employees have a duty to report corruption.

Argus Leader Case against the City of Sioux Falls thrown out

I figured a judge would toss this. (Actually an injunction was denied, the case can still move forward) never understood the argument they were making. The Dakota Scout could not register until after the legislature changed the law.

I think the bigger issue here is the MASSIVE CONFLICT OF INTEREST. I think if not a few, ALL councilors knew that Paulson was an investor and all 9 councilors (includes mayor) have received money and campaign assistance from the email farmer.

But let’s play an ignorant constituent and PRETEND that the council had NO clue who the investors were. If that were the case, why did they vote on this? They know that they have to file a investor disclosure with the SOS and that disclosure should have been a public document BEFORE the council voted. But somehow that filing got mysteriously misplaced.

Shananigans.

This case should have never been about timelines, it’s about a council who has NO ethics and approves a contract that will benefit an investor. And I would argue that Paulson isn’t really benefitting monetarily, but he does control the narrative. You know, like when you reject a mural because you think it is racist, and the media, including the DS didn’t touch the story with a ten foot pool. Shocker!

This case isn’t a question of legality, the Dakota Scout met SOME of those requirements, it is a ETHICAL issue and ALL 9 on that DAIS need to taken to the ethics commission, one by one, and dealt their punishment.

My position on the matter hasn’t changed. The internet has been in existence for over 30 years, it is time to embrace it. Public notices in a paper with a circulation of 5,000 or even 7,000 isn’t cutting it. Nobody goes and reads 6 point type in a paper you pickup at Burger King. Give me a break! It is laughable to think that even one single person is getting their legals from a printed paper.

If you want to see public notices, you can, 24/7, 365 days a year, for free, ONLINE! And if you still want to resist the evil internet you can go to the clerk’s office (unfortunately they don’t serve cheeseburgers) and get a print out. This isn’t hard folks. Stop wasting tax dollars on a service that virtually 1% population MAY use.

Maybe the city could have Legal Notice Mondays and have food trucks in front of Carnegie that wrap your sandwiches in printed out legal notices! Bet you would reach about half of the population that way, because if there is one thing Sioux Falls is good at, it’s eating!

It’s all pretty damn ridiculous how our state legislature crafts laws. They still think it is 1952.

Local Sioux Falls Government & 4th Estate dropped the ball on election corruption

The Sioux Falls School District and former Sioux Falls City Councilor Marshall Selberg got away with it.

And why wouldn’t they?

The school district allowed a candidate to use perjured forms, TWICE, with NO remedy.

Marshall Selberg PERJURED a finance form, possibly lied about his voter registration over the past year, and served OUT of his district for at least a year (a close friend of his confirmed to me he was living out of the SW district for at least a year.) AND he told a reporter on a phone that he was in fact living out of the district and that he needed to ‘move on with his post council life.’ So you moved out a year in advance to prepare for your future life?

These are ACTUAL crimes, not just ethic violations.

The media looked the other direction and local government officials who have the power to fight corruption and unethical behavior also looked the other way.

Where was the City Attorney? The State’s Attorney? The SOS? The Attorney General? The County Auditor(s)? The School District’s Super and Board and many more in City Government, including councilors, who dropped the ball.

And the media hid under a rock while they battled who can get a couple grand from the city a year for legals.

So why did the media help the school district and the city cover this up? Because by saying nothing, you are a part of the problem. You can’t blow your horn every year during Sunshine Week then hide when you see corruption and say nothing. Open government is a 24/7 thingy, not just when it is convenient for you to transcribe a press release.

I don’t think it was a conspiracy at all by the media, just plain old laziness.

UPDATE: Sioux Falls City Councilor Neitzert looking to change the city’s ethics ordinance

As suspected, this is ONE of the changes;

  • Reimbursed or paid expenses from a third party to the
    city may be accepted if ALL of the following
    requirements are met:
  • 1. The event is related to the official duties of the
    officer or city’s legislative or policy making role
    (Consistent with City Council Travel Policy)
  • 2. The event organizer is not a person, entity, or
    business who seeks or does business with the city
    or conducts activities regulated by the city or is a
    political party (nonprofits and other governmental units
    are NOT prohibited sources)
  • 3. All expenses are paid for or reimbursed by the
    event organizer (not a sponsor of the event)
  • 4. The event is a widely attended gathering and the
    agenda and any paid or reimbursed expenses are a
    matter of public record

I Still think it is dangerous territory to allow partisan groups to fund trips.

I was alerted to this recently but my foot soldier couldn’t tell me what the proposed changes were;

Ethics Ordinance Update by Greg Neitzert, Council Member

Like I said, I have no idea what he is proposing, but with his impeachment over a paid for partisan trip to Texas with Mayor TenHaken and his then Deputy COS, TJ Nelson, one has to wonder if they are re-writing the ordinance to make the sins of the past go away, which would allow partisan political groups to pay for trips of local elected officials.

If this is the proposal, I think it is dangerous territory. While I maintain that not only was Councilor Neitzert guilty of ethics violations, so was the mayor and Nelson. Partisan groups, left, right or center, should not be able to buy influence.

And while the recreation trail ordinances have languished for 5 years, this apparently is top priority . . . saving their own asses!