Ethics

UPDATE: Rick Knobe calls out the ethics of Sioux Falls City Councilor Erickson and Mayor TenHaken

UPDATE: So it gets even better, Erickson actually went out and got nominating petition signatures for Neitzert, who is the sitting city councilor incumbent running against a Democrat. Ethics be damned!

Rick actually did two articles. ONE & TWO. He makes a great point;

City Council member Christine Vinatieri Erickson used her title on an invite raising money to a candidate opposing a sitting City Council member. Did she break the law? Probably not. But using her official title on an invitation to the event to me crossed an ethical line. Sure she can give money to any candidate, and she can use her first amendment right to speak in favor of or against any candidate, but sponsoring a political fundraiser to unseat a fellow council member to me is over the top. It crosses that ethical line.

Like I said a few days ago, completely legal, but it looks a little ‘sketchy’. I had a discussion the other day with a foot soldier about this topic, and he said something that made sense. “It’s because these people (Erickson & TenHaken) are partisans.” It started to make sense. In legislative races, this kind of activity goes on all the time, because they are partisan races. But in a non-partisan government like the Sioux Falls City Council, playing partisan games just doesn’t fly. It is even more curious, because the Mayor and at least 6 city councilors are Republican. Ethics aside, it just looks ‘odd’. Why bring these kind of games into a non-partisan race? At a recent council meeting, TenHaken compared himself to John Thune (I know, eyeroll). What is obvious to me is that he doesn’t understand the role of a non-partisan city government when he makes ridiculous and ignorant statements like this. If Stehly or anybody else decides to run against Jensen, it’s only going to get more partisan. I have a feeling this will become one of the messiest municipal election campaign seasons we have seen in a long time. Pull up your boots.

Sioux Falls City Councilor Brekke is asking for an ‘Ethics’ opinion, NOT a ‘Constitutional’ opinion

As you can see in her advisory request (VIEW DOC), Brekke is simply asking is if it is within the council’s ethics cannon to publicly support, give money, throw fundraising parties for, etc. to candidates.

But Brekke said she wants the ethics board to square that with the canons of ethics in charter that say public officials “should avoid the appearance of impropriety in all his or her activities,” limit their “extra-governmental activities to minimize the risk of conflict with his or her official duties,” and “refrain from political activity inappropriate to his or her office.”

I’m glad she is asking because there seems to be a fine line. But let’s make this clear, I agree with Erickson;

Erickson also said participating in politics by supporting candidates is a First Amendment right that belongs to all Americans, including public officials.

It is well within a councilor’s constitutional rights to support other candidates, but just because something is legal or constitutional doesn’t mean it is ‘ethical’ and that that is what Brekke is asking here.

Personally, I could care less either way, I’m a big supporter of Freedom of Speech and I don’t think those rights go away once you are elected. If you don’t have a problem with looking like a big shot by throwing a fundraising party for a candidate, go for it. Visually, I don’t think it makes you look good, but hey, you have that right. Just like people have a right to come to public input and call the the previous mayor a SOB . . . twice. Doesn’t look great, but within your rights.

I just found it funny how another blog (who comments on Sioux Falls city politics a lot lately while being in a town 40 some miles away) doesn’t understand that Brekke is asking for an ‘ETHICS’ opinion from the ‘ETHICS’ Board. She isn’t asking whether or not it is legal. But of course, this is the same blogger who quit his cushy state job due to his ‘UNETHICAL’ behavior, while AG Jackboots cleared him of ‘Not Stealing’ from the state. Go Figure. Remember, there is a difference between, morality, ethics, and laws. Sometimes they don’t always align. Just look at who is running our country (into the cold, cold ground).

*Not worth the time, but I did get a chuckle out of Mayor Selfie’s comment on the matter;

“I’m choosing to stay focused on larger matters like crime, addiction, infrastructure, housing and economic development.”

Really? You better start focusing a little bit harder on that bro.

Sioux Falls Board of Ethics gets warned they may get very busy (Meeting 9/19/19)

Notice the ‘Note’ handoff to one of the members who showed up late. Kind of looks like the decision was made before the meeting even started.

You hope you can ask a question of Sioux Falls city government and get a straight answer but all you found was a false hope. Just like so many citizens of Sioux Falls, City Councilor Janet Brekke had basic questions of what can I do and what can’t I do in a petition drive.

Triple Check the Charter petition drive is being fought by every resource the city of Sioux Falls has available. Government officials with no political or election experience are cooking the petition process to disenfranchise voters. These individuals with the blessing of the administration are creating new rules no one has ever heard of before to protect their power grabs.

After the confusing August 16, 2019 Board of Ethics hearing, Janet Brekke wanted more information and the members refused to clear up the any of the mess being created by it and the actions of the administration.

The Triple Check the Charter movement is a citizen led effort with a simple goal, redefining the responsibilities of the city council. The administration’s leadership team is scared they might have to be actual leaders and lead. The RS5 coalition on the Council might actually have to work together with all the members to succeed. All of the Sioux Falls city government might actually have to work for the betterment all citizens of Sioux Falls.

A scary thought right?

Like Councilor Stehly asked in August, Brekke wanted simple guidance but the September 19, 2019 meeting of the Board of Ethics once again shows, trying to do the right thing is the last thing our city government wants to see someone do. They might be caught doing something? It’s why we ask.

Board of Ethics, Friday, August 16, 2019

The plot thickens today. Hopefully we will have an update about the petition drive and the city’s current continuing efforts to be less then accommodating. Stay tuned.

I also find it interesting, as pointed out below, that the councilors have a constitutional right to gather signatures, but the city is ruling on this based on ‘ethics’. I ask the question, What is unethical about circulating petitions?

If we want to have a discussion about ethics, why not ask if it is ethical to vote to hire one of your long time family friends to a city council job?

What is citizenship is a question we must all face. If we allow government officials to redefine it at will or tell us what it is, we will all lose. Entrenched officeholders do not want to lose the perceived power they have and will do everything in their power to stop their opponents. Theresa Stehly asked the Sioux Falls Board of Ethics on August 16, 2019 to give her clear guidelines for using her birthright citizenship and voter ID to join the Triple Check the Charter petition drive. The Board of Ethics decided she did not have a clear cut ability to exercise her 1st Amendment rights. Yes you can lead or work with a petition drive but by golly don’t you dare carry a petition because our City Clerk might be a weakling and be intimidated by you. It’s ethical for a mayor to allow his tennis center to receive city money if he “leaves” the room during the vote but don’t you dare have a clear-cut desire to help citizens. Our town has a bit of a warped sense of itself.

Sioux Falls City Councilors told NOT to circulate petitions

In a 3-1 decision (Sue Roust voted to say it was OK to circulate) the Board of Ethics told the RW3 (Brekke, Stehly & Starr) that they didn’t think it was ‘ethical’ to circulate petitions for Triple Check the Charter.

Their reason? They said that since the 3 of them are in a supervisory role with the city clerk, Tom Greco, that it would make it difficult for him to act fairly when checking the petitions if one of them turned in signatures. While that is all fine and dandy, Roust pointed out that it is no different then turning in petition signatures for running for re-election to the council.

I think that they could just sign an affidavit saying that they would not discuss the petition with Tom and vice versa and have the city attorney notarize it. I also think by telling them NOT to circulate petitions, it violates their 1st Amendment rights.

A lot of Hoo-Hah over nothing. The BOE did tell them that they could assist with the petition drive though, just NOT collect signatures.