Ethics

Sioux Falls City Council is being sued over how they handled Neitzert’s Ethics Hearing

It looks like the paperwork was filed on October 15th.

ENTIRE DOCUMENT

Basically Mr. Cunningham is filing a writ of certiorari because he was NOT allowed to present evidence during the hearing is asking for a new one. If you read the linked PDF above you will see that John cites city ordinance that says he should have been allowed to present evidence with his legal counsel, he was not. He is saying the council performed an illegal hearing, and in my humble opinion, I agree;

It gets better though, because in the city’s consent agenda on Tuesday night they are hiring private counsel for this;

Sioux Falls City Council violates meeting procedures than tries to claim Brekke is violating ordinance

As I have mentioned before, the procedures this city council goes by in the meetings because of it’s poor leadership of the chair (TenHaken) the clerk (Greco) and the city attorney (Koistra) gets sloppier by the day. I’m starting to think they should just have these meetings in Paul’s backyard by the fire pit, what’s the difference?

Brekke and Starr made several attempts to separate out Fiddle-Faddle’s appointment to the REMSA board from the other appointees so they could vote on it separately, they actually pleaded to do so, but the mayor thought he knew what he was doing, which he didn’t, as usual. So they forced them to vote NO on all appointees. Brekke actually told them that she would be absent from voting because of it, and Nutzert, of all people and Eratticson chimed in that Janet would be violating ordinance even though they just violated many procedures. Kettle meet Black, especially Greg. Janet walked out on the vote anyway, Starr voted NO.

Before the fiasco, Brekke pointed out the conflicts Fiddle could have sitting on the both the REMSA board and the Public Assurance Alliance, and they were all fair hypotheticals. Of course the entire council (including Starr and Brekke) talked about David’s high ideals. That is where I disagree with all of them, that guy doesn’t have a lick of integrity, he proved that by trying to cover up the supposed EC siding settlement.

Sioux Falls City Councilor Brekke proposes ethics training

What was interesting about Janet’s proposal was that not a single city councilor had a comment about her proposal, which means they will kill it if it gets before them, because not only do they hate transparency, they hate ethical behavior even more. Janet pointed out that there used to be ethics training for city employees, the BOE and the elected officials, but that ended when they fired City Clerk Debra Owen. I know, shocker. Janet’s proposal is below;

UPDATE II: Sioux Falls Board of Ethics Meeting, Oct 6, 2020

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.

Reverberations from the Greg Neitzert Board of Ethics impeachment ruling

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.

AGENDA LINK

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.