Ethics

Appeal of Neitzert’s Ethics Hearing in Circuit Court gets thrown out

Remember this Delightful Hearing?

And the obvious and awful bias the chair of the meeting, Mayor TenHaken, had towards Greg and Greg’s detractors. Paul routinely cut off John, Janet and Pat while letting Greg’s 5 best friends make statements and cut off answers from John before he could finish. His performance that night should be a clear ethics violation.

Basically the judge threw out the petitioner’s complaint with a summary judgement saying he had plenty of opportunity to present evidence throughout the hearing (I wonder if she even watched the hearing?)

While the city council member against whom a complaint has been filed may be represented by their own attorney, may call witnesses and may present evidence, there is no requirement that the complainant has the same rights. Instead, the Ordinance requires the city council to “receive evidence” from the person making the ethics complaint. The record is clear that the council “received evidence” from the Petitioner. Petitioner had a right to participate in the process as set forth in the Ordinance. He did not have a right to dictate the procedure contrary to the Ordinance.

In other words the judge is saying that the city council has the right to act as a Kangaroo Kourt, as they do every Tuesday evening 🙂

Read the judgement HERE.

I also liked this under the profile of the (private) attorney representing the city on the issue;

Melissa successfully defended her clients in the following reported matters: 

• McDowell v. Sapienza and the City of Sioux Falls, 2018 SD 1, — N.W.2d —

If you fight city hall, good luck getting any legal or judicial deference in this town.

City of Sioux Falls Thursday’s Tidbits

Sioux Falls Ethics Commission met today, but we don’t know why

It says in the agenda;

CONFIDENTIAL REQUEST FOR ADVISORY OPINION 21-1 RECEIVED 10-14-2021 (EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS PURSUANT TO SDCL 1-25-2(1) AND CONSULTING WITH LEGAL COUNSEL PURSUANT TO SDCL 1-25-2(3))

This could be anyone with the city, employee or elected official. Since it is confidential we will never know. I think even if these meetings are in private, they should at least release the question and the decision without exposing who is asking. How do we know if the Ethics Commission made the right decision if we cannot watch the proceedings?

Will the Washington Pavilion be hired to run the Ice Ribbon?

With the new ice ribbon set to be built soon down by Falls Park, some are wondering if the Parks Department has what it takes to run the paid admission facility. Since they will have to have a ticketing booth and some kind of staff to assist people, they will likely have to hire a contractor to do it. While I am sure the Pavilion could handle it, what I don’t understand is why can’t the Parks Department? Oh that’s right, besides the department being ran by a two-faced liar, they can’t even hire part-time lifeguards, now try to find part-time ice guards. Maybe we should just let the Pavilion run our entire parks department, they are already draining our entertainment tax fund every year, might as well put them to work.

Available Liquor Licenses in Sioux Falls

After the 2020 Census, Sioux Falls has become eligible for more ON and OFF-SALE liquor licenses, I am awaiting the official numbers from the city but what I have heard unofficially is there is 27 additional Package (off-sale) licenses and 19 Retail (on-sale) licenses available. Not sure how many are already spoken for. Once I get more information I will let you know.

The Curbside Garbage ordinance is already on next week’s docket

I can almost guarantee the Rubberstamp Council will pass the curbside garbage ordinance and allow haulers to charge extra for valet service:

The Sioux Falls City Council will likely consider an amendment to the city’s garbage ordinances that could allow garbage haulers to require curbside placement of garbage cans for pickup or charge extra to continue valet service.

It should be up to the consumer if they want to do it and there should be NO extra charge for the service. But it sounds like the hauler wants the city to force the consumer to do it, and if they don’t want to, they will be charged extra.

Whether the city council will support the move is another issue. In his Facebook post, Neitzert said he was “torn on this issue,” and asked for feedback from residents, and Councilor Rick Kiley said earlier this year he’d be against any such change if haulers weren’t planning on lowering rates for reduced service.


Councilor Janet Brekke has also regularly expressed her support for the current ordinance and how it keeps trash cans away from the street, improving the city’s aesthetics.

You never know, it might come to a tie vote with Poops siding with the haulers, we will see. You know my feelings on it, I think the city should contract with 4 major PRIVATE haulers and divide the city into 4 sections and pay our garbage bill with our water and sewer. We already own the landfill, why would we charge tipping fees? Yesterday while driving to work thru Cathedral neighborhood I saw two trucks parked next to each other from different haulers collecting cans at the same time on the same street. Dumb.

Oh, and let’s hear about 3 city councilors who profess about apartment dwellers being great for a neighborhood, but don’t live next to them. I do, and I love apartments, but I love my house more.

UPDATE: David Z will be asking the Sioux Falls Ethics Commission on Tuesday to investigate the widespread bribery in elected city officials

UPDATE: As I predicted, the Ethics Board slithered their way out of doing their job by saying they didn’t define the word ‘common’ very well. You can’t make this crap up. I was waiting for Bill Clinton to pop out of the back and say, “I did not have sexual relations with that woman.” A video of the meeting will be posted soon.

The meeting on June 8 at 1:30 PM will review David’s complaint. Basically when the city council let Councilor Neitzert get away with taking a bribe (and also the Mayor) they said that these kind of gifts were common practice and the council needed to tighten up the rules. David is asking them to investigate these bribes if this so widespread. It will be interesting to hear how they worm their way out of this one.

On a separate note, the complaint filed against Neitzert was appealed by the Complainant and is still pending.

Sioux Falls City Council Agenda, June 8, 2021

Ethics Commission Meeting • 1:30 PM • Commission Chambers at City Hall

David Zokaites is asking for an investigation into widespread bribes and Councilor Janet Brekke is looking to start ethics training for elected officials.

Informational • 4 PM

• Southeast Technical College General Updates by Bob Griggs, President, Southeast Technical College (I think this is a yearly update because I think the city does give funding to the school)

• YMCA Downtown Community Youth Center and Call to Freedom – Marissa’s Housing Project by Mike Murphy, YMCA Interim President and CEO; and Becky Rasmussen, Call to Freedom Executive Director (I’m not sure what this is about, but they may be getting affordable housing funding from the city, but I have no idea).

Regular Meeting • 6 PM

Item #14, 2nd Reading, Motorized Foot Scooters (This item is being withdrawn. I wonder if they will re-visit it after fixing it and meeting with the public, which they should have done to begin with).

Item #15, 1st Reading, An ordinance sponsored by the Mayor to ‘stall’ Med Mary in Sioux Falls until the state comes up with regulation. So the mayor and council have decided to do nothing until October. Cruise control government at its finest;

WHEREAS, medical cannabis state laws under SDCL 34-20G are effective July 1, 2021. The
South Dakota Department of Health shall promulgate rules pursuant to Chapter 1-26 not later
than October 29, 2021, as defined by SDCL 34-20G-72. During the time between July 1, 2021,
and potentially as late as October 29, 2021, local units of government will not yet know
standards for medical cannabis and will not be able to adequately assess the local zoning and
licensing requirements necessary to approve local permits and to better ensure applicants have a
more predictable permitting process and avoid stranded investments;

Item #16, 1st Reading, the council is reorganizing the committee structure and creating a regulatory committee, which is ironic, because this is already their duty according to the charter.